Eric S. Neumann, APLC
More Than 25 Years Of Family Law Experience
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Yes, you still need your own attorney for an uncontested divorce

Certain forms of divorce are more complicated and expensive than others. If you and your ex have to fight over each moment of parenting time and asset division in court, that will likely require extensive planning, to say nothing of a large budget.

Filing for an uncontested divorce is often a faster and less expensive option. An uncontested divorce may be a better option, as it involves both spouses agreeing to terms for asset division, child or spousal support and parenting plans prior to filing a request for divorce with the courts. Uncontested divorces tend to go quickly, as the courts need only review the terms of the divorce to ensure that they comply with Louisiana state law.

This may lead some individuals to think that they can quickly go through an uncontested divorce without legal advice. Doing so could prove to be a serious mistake. Hiring an attorney to help you through the divorce may be a better decision.

You want someone looking out for your best interests

The emotions associated with divorce are powerful and can impact your ability to make good decisions. Your eagerness to get over with the process or reticence to face the reality of the end of your marriage could both contribute to your agreeing to terms that do more harm than good for you in the long term.

If your spouse knows how you tend to react in emotional situations, they could even intentionally manipulate you to get better terms in the divorce. Having an attorney helps ensure that neither your ex nor their attorney takes advantage of you in an uncontested divorce.

Your attorney will inform you of your legal rights as a spouse and a parent. They will also let you know if the terms of your divorce are unfair or skewed in the favor of your ex.

An attorney knows the red flags to look for in a divorce

Sometimes, the reason that one person in the marriage agrees to an uncontested divorce is because they don't want to go through the intense scrutiny associated with a litigated divorce. This could be due to inappropriate behaviors, such as hiding assets or intentionally dissipating the marital estate prior to filing for divorce.

Those issues may not be on the forefront of your mind, but your attorney will know what red flags to watch for as the divorce proceeds. Having someone who knows the underhanded tactics often used in divorce can help you avoid falling victim to financial malfeasance by your ex.

An attorney can help with negotiations and mediation

If you still haven't settled on final terms for your divorce, the help of an attorney is often invaluable. Your attorney can negotiate for the terms and assets that matter the most to you and the divorce. After all, an attorney usually possesses excellent negotiation and argument skills.

While going through an uncontested divorce is a great way to minimize expenses, it could also be dangerous if you don't have adequate help. Working with an attorney during an uncontested divorce can help ensure a fair outcome for everyone involved.

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