If you and your spouse think you are in agreement about many parts of your divorce, an uncontested divorce might sound like a quick and easy solution. In this situation, only one spouse gets an attorney. That attorney creates documents and files them with the court. Only the spouse with an attorney appears in court. The divorce is processed quickly.
In reality, an uncontested divorce can be very problematic. If you are the unrepresented party, you make decisions with no legal advice. No one reviews the divorce papers to be sure you are treated fairly and get everything you are entitled to. There can be some serious issues with uncontested divorces.
- Changes to your agreement. It may not be done intentionally, but it is likely that the documents the attorney prepares will be different from what you and your spouse agreed on. When your agreement is translated into legal terms, adjustments are made. It is essential that you have an attorney representing you who can read and review the documents on your behalf.
- Lack of information. When a divorce moves forward through the contested divorce legal process, both parties are required to provide discovery. This means that everyone has to completely disclose all of their financial information to the court and to each other. If you get divorced without having the opportunity for discovery it is possible your spouse could hide assets from you – assets that you may be entitled to a portion of. For your own peace of mine, you need an attorney who can make sure there is complete disclosure.
- Impulsive or coerced decision. It’s very common for people to quickly sign divorce documents or to agree to an uncontested procedure without careful review. Sometimes the other spouse is pushing for a fast resolution, other times the process feels overwhelming and so painful that you just want it to end. The better choice is to take some time to be sure that your divorce is truly fair and have an attorney protect your interests.
Call the Sampair Group for representation in your divorce in Phoenix, Glendale or Mesa, Arizona. Our skilled attorneys are ready to be your advocate.