When a married couple decides to separate, an uncontested divorce can have immeasurable benefits for both spouses. You cannot put a price on being able to continue to communicate with one another long term and work together for the benefit your kids. In addition, if you reach an agreement, the divorce can be finalized more quickly. Since attorneys charge by the hour, both parties save money when the lawyers can skip extensive negotiations and courtroom battles.
If your divorce is amicable, you may be thinking about “sharing a lawyer.” However, a divorce is an adversarial legal action by its nature which means that a lawyer cannot ethically represent both you and your spouse. The lawyer may represent only one of you and cannot give legal advice to the unrepresented spouse. One lawyer may still draft the agreement and the other necessary documents on behalf of one spouse, but it is always recommended that the other spouse meets with an independent lawyer to review and explain the agreement before everyone signs.
Once the final settlement papers are in order, the documents will be submitted to the Court for review. Depending on which Court your case is filed in, one party may need to appear with their lawyer for a brief conference with the Judge to quickly affirm the agreement before the divorce is final. After the Judge signs off, you will receive an official Decree of Divorce.
The contents of this post do not constitute legal advice or suggest any outcome of your individual case. You should seek the advice of an attorney based on the facts and circumstances of your case before taking any action.
