Do I need an attorney for an uncontested divorce?

If you and your spouse are in agreement about all the issues in your divorce, you may be tempted to file for divorce on your own to save money on attorney fees. However, you still need a lawyer, even in an uncontested divorce.

Four Reasons You Need a Lawyer in an Uncontested Divorce #

Getting divorced in Virginia is complicated. You can obtain a no-fault divorce if you and your spouse are in agreement, but you must prove specific grounds for divorce if this is not the case. Even with an amicable divorce, it is still important to retain your own experienced divorce attorney. Here’s why this is crucial:

  1. Understanding of law. Your lawyer will be knowledgeable in the laws governing your divorce, including how property should be split and how much child support the non-custodial parent must pay. They will also know the proper legal documents that must be filed and the court procedures you will have to follow.
  1. Protecting your rights. While it is best when you and your spouse cooperate in your divorce, you also do not want to be taken advantage of. Your lawyer can protect your legal rights and advise you if you are giving up too much to your partner in your divorce settlement.
  1. Avoiding delays. Your divorce could become more complex and take longer if you file the wrong paperwork or do not follow the court’s deadlines for taking certain actions. You could also make mistakes that impact your property settlement or custody of your children if you do not have the guidance of an attorney.
  1. Reducing stress. Even if you and your spouse are in agreement, the process of divorce is stressful. Your lawyer can reduce the emotional turmoil and stress you go through by taking over communications with your partner.

Can You and Your Spouse Hire the Same Lawyer? #

You and your spouse should retain your own attorneys. You have competing interests, and one lawyer cannot adequately protect you both. It would be considered a conflict of interest for one attorney to try to represent both of you.

Are you planning to file for divorce? Our skilled legal team can handle all the steps in your divorce, whether it is a no-fault or contested divorce. To find out more about your legal rights and how we can help, call our Midlothian office or start a live chat to schedule your free initial consultation today.

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