Divorce is an emotional and stressful process. Many attorneys contribute to your problems. You might even dislike the lawyer more than your marriage. The Uncontested Divorce is a solution.
An “uncontested divorce” is a type of divorce where the parties are able to reach an agreement on all of the issues in the case. That is to say that the parties have reached an agreement on their own accord, without judicial intervention, with regard to parenting decisions, child custody and visitation, equitable distribution of the marital assets, spousal maintenance, and everything else large or small.
In an uncontested divorce, the parties can agree to use one attorney to draft the agreement, obtain signatures, and file the proper pleadings with the court, however it is important to note that the Attorney can only represent one party. That is to say that the attorney has only one client. The unrepresented party is encouraged to seek their own counsel if at any time they feel it is necessary or certainly if there are any issues in the divorce that can potentially become contested.
The uncontested divorce is favored by judges and lawyers alike simply because we all realize that not only is it the most efficient and expedient divorce, but it is also the form of divorce that will be the most affordable and beneficial to our clients and their children.
To quote America’s favorite divorce lawyer, Abraham Lincoln:
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner
is often a real loser — in fees, expenses, and waste of time.
As a peacemaker the lawyer has a superior opportunity of being
a good man. There will still be business enough. Never stir up litigation. A worse man can scarcely be found than one who does this.”
Those words, written circa 1850 by Abraham Lincoln in preparation for a law lecture, still ring true today. During his legal career, Mr. Lincoln and his law partners were the attorneys of record in 131 divorce cases and 17 other civil matters between 1837 and 1861.
Lincoln’s words were based on experience and prophetic of a new way of practicing family law that would not be fully realized for another 150 years. Today, collaborative law is the favored form of alternative dispute resolution among family law attorneys and the reasons are rooted in Lincoln’s beliefs.