Do I Need a Divorce Attorney for an Uncontested Divorce?

My spouse and I have decided that we want to end our marriage. We have talked everything out and we have come to an agreement about all of the issues related to our divorce. Are we required to hire a divorce attorney?

Kentucky divorce laws do not require that you hire a lawyer to file a divorce action; however, the courts will not give you legal advice. The court may provide some general instructions and forms regarding a divorce proceeding but the court personnel cannot offer any legal advice or answer legal questions. Therefore, it is often in a person’s best interest to consult with an experienced divorce attorney.

What Can A Divorce Attorney Do For Me?

If you and your spouse agree on all terms of your divorce including child custody, child support, alimony, visitation, and property division, it may seem unnecessary to pay to hire a divorce attorney; however, it is important to consult with a divorce attorney even before you separate from your spouse.  An uncontested divorce can quickly turn sour if your spouse decides he or she no longer wants to be agreeable. By having an attorney at your side from the very beginning, you know that someone is looking out for your best interest and the best interest of your children.

Other reasons to hire a divorce attorney even in an uncontested divorce include:

• A divorce attorney will keep your divorce proceedings moving through the court process as quickly as possible. If you are unfamiliar with the legal proceedings to obtain a divorce in Kentucky, you may not understand the steps involved in a divorce; therefore, your divorce proceeding could become “stuck” in the system longer than necessary.
• Your lawyer will quickly address any issues or problems that could slow your divorce proceedings or create problems that will require litigation.
• Your lawyer will draft all of the documents necessary to obtain a legal divorce including a separation agreement and parenting plan, if necessary.
• An attorney can review a pre-nuptial and/or post-nuptial agreement to ensure that the terms do not violate Kentucky divorce laws.
• Spouses that agree on all other issues may begin to argue about custody and/or support. An attorney can arrange for mediation to help the parties sort out their differences in a less costly and much quicker manner than going to trial.
• If you and your spouse have an agreement, an attorney can review the agreement to ensure that you are being treated fairly. A divorce is an emotional process regardless of whether you and your spouse agree it is time to end the marriage. In an emotional state, some people tend to agree to practically anything just to “get it over with.” The terms you have agreed to may not be in your best interest. Furthermore, the court may not approve the order if the terms are grossly unfair. A divorce attorney can help fix the agreement before the divorce papers are filed.

Each Spouse Needs His Or Her Own Divorce Attorney

Even in an uncontested divorce when both spouses agree on all terms, each spouse needs his or her own attorney. A divorce attorney can only can only represent one spouse. If your spouse has hired a divorce attorney, that lawyer represents your spouse. The lawyer cannot and will not give you legal advice about the divorce even if the lawyer knows that the terms of the divorce are unfair. In order to ensure that your legal rights are protected, you should consult with your own divorce attorney as soon as possible.

If you “trust” your spouse to treat you fairly, you may realize too late that your spouse has taken advantage of your trust. This could cost you far more money and time than simply consulting a lawyer at the beginning of your divorce proceeding.

Contact an Experienced Kentucky Divorce Attorney

We’ve Helped Thousands of KY Families, we can help you!

The family law attorneys of Musselwhite Meinhart & Staples, PSC help the people in central Kentucky protect their rights as they go through the process of ending a marriage. We also handle all other types of family law matters including child custody, visitation, alimony, child support, and property division. If you are contemplating a divorce, contact our office to discuss your legal options and your legal rights. Our friendly and compassionate staff are here to offer help, support, and guidance during this difficult time.

Contact our office by calling 270-506-4052 to schedule a free consultation with an experienced divorce attorney. You may also contact our office through our convenient online contact form.