QUESTION
Do I need an attorney to file an uncontested divorce?
Asked on Feb 26th, 2013 on Divorce - Michigan
More details to this question:
Do I need an attorney to file for a divorce if we both agree to terms? I have the children and the job and my husband of 15 years does not want to raise them anymore or get a job. He agrees to no alimony if he doesn't have to pay child support and I am solely responsible for the two children. He also moved out of state.
12 ANSWERS
An attorney is not a mandatory part of the divorce process. If the parties agree on the terms, the court is likely to accept those agreements; however, I recommend that you at least consult with an attorney to make sure that all the issues are fully addressed in a way that the court will understand.
Answered on Mar 04th, 2013 at 2:45 PM
John Arthur Smitten
You should have an attorney reduce the agreement to writing.
Answered on Feb 28th, 2013 at 8:36 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You are entitled to represent yourself and you don't technically need to have an attorney. However, be reminded of the maxim, "He who represents himself has a fool for a client". Moreover, as a practical matter, there are a lot of technicalities in filing the right papers and you are probably setting yourself up for a lot of aggravation. Your husband may also have a retirement plan in which you have an interest and which you would be foolish to waive. Check around. You might be able to find an attorney who will quote you a flat fee on an uncontested dissolution and perhaps even accept a payment plan to make things easier for you financially.
Answered on Feb 28th, 2013 at 4:01 AM
No. You file your petition and have the other side served. If there is no response filed by the other side, the case can be handled as a default judgment. You should have a paralegal help you with all the required forms because omission of any one of the forms can result in a big delay in getting your judgment
Answered on Feb 27th, 2013 at 3:46 PM
Divorce & Separation Attorney serving Jackson, MS
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Springer Law Office PLLC
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My advice is to get an attorney for your situation. The child custody laws, particularly when dealing with parents in different states, can get complicated. Also, what you are entering is a binding agreement. Improper wording can come back to haunt you, and cost you much more money on the back end. Former spouses sometimes change their minds. It is worth the money spent on a lawyer to make sure your divorce is done correctly, even if uncontested. If nothing else, you will have peace of mind.
Answered on Feb 27th, 2013 at 3:46 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can hire an attorney to do all the paperwork for you and submit it to court, so neither of you need to appear in court.
Answered on Feb 27th, 2013 at 3:45 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That all depends on how much you know about divorce law and procedure so that you can protect yourself now and in the future. In a state that allows you to represent yourself you may not "need" an attorney to go through the mechanics, but you may need to at least talk to an attorney to understand what you need to know. As one example, most states will not allow you to waive child support except under very limited circumstances.
Answered on Feb 27th, 2013 at 3:45 PM
Its always good to have an attorney represent you and to protect your rights.
Answered on Feb 27th, 2013 at 3:44 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Of course you CAN prepare your own settlement, but the question is SHOULD you do so? Your case sounds like it needs an attorneys involvement. Are you saying he is giving up all rights to see his children, and although you are the higher earner, he is releasing you forever from all responsibility from any Spousal Support/Alimony? Do you know how to properly word that agreement so that he can never come back and ask for spousal support? Does he realize that you can always change your mind and request child support? The way things are worded in your Settlement Agreement have have a major effect years later, its worth a bit of money to protect yourself by hiring an attorney to write up the agreement and get some advice.
Answered on Feb 27th, 2013 at 3:42 PM
Bankruptcy & Debt Attorney serving Brookfield, WI
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Elmbrook Law Offices, LLC
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You are not required to have an attorney in a potentially stipulated divorce matter. However, you will be responsible for learning the local rules and making sure all documentation is prepared according to those local rules.
Answered on Feb 27th, 2013 at 3:41 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You still need to file the proper pleadings so a lawyer will help.
Answered on Feb 27th, 2013 at 3:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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From you question, my answer would be yes. If you had such an agreed to settlement it is very doubtful in my mind that the court would accept or enter it. Generally parents cannot agree that one will not be supporting their children. The fact that he moved out of the state where you and your children continue to reside does not change your ability to file for and received a divorce.
Answered on Feb 27th, 2013 at 3:41 PM