QUESTION

Should I seek out an attorney to represent me for an Uncontested Divorce?

Asked on Apr 16th, 2013 on Divorce - Michigan
More details to this question:
I'm not quite sure where to start or what specifically to ask. I want a divorce, my husband not so much but says he will sign. We have 2 children together, a home and 2 vehicles. Everything is in his name but he says I can have the house and one of the vehicles. He is leaving and going to find another place to live. He agrees that the children will live with me and I agree that he can see the children as much as he possibly can and will not use them against him. Do you think that we can work this out on our own?
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9 ANSWERS

Employment Law Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
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Yes, it's best to request help from an attorney.
Answered on Apr 19th, 2013 at 3:27 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Call the Idaho State Bar and ask for a referral. You may want to get two or three names and interview the attorneys. But even if uncontested, it is better to go with an attorney to make sure you do not miss anything like the 401k, etc.
Answered on Apr 19th, 2013 at 12:16 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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You can start matters without an attorney but even an uncontested case can hit road blocks that a good family law attorney can foresee. My advice is meet with a family law attorney in your community to get a better feel as to whether you will need an attorney. Remember that once your husband does not need to sign anything. All that is necessary is that he be served with papers and given 30 days to respond. If he does not, you can proceed by default so long as your judgment only requests the same things as your Petition for dissolution of marriage.
Answered on Apr 18th, 2013 at 4:25 PM

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Theodora B. Fader
While you may be able to settle the issues in your case, it would be of great benefit for you to have an experienced divorce attorne represent you. A divorce attorney would know how to prepare and file all of the paperwork that is needed to start, process, and complete your case easily and efficiently.
Answered on Apr 18th, 2013 at 4:25 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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While you aren't required to have an attorney, having one can make the process go quicker and can make sure that the forms and steps are completed properly.
Answered on Apr 18th, 2013 at 4:25 PM

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Litigation Attorney serving Norwich, CT at Scott McGowan Law Office
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It is always best to have an attorney prepare and file the paperwork for you. A lawyer can mediate the divorce between you and make sure you understand the ramifications of the language in your agreement. I can't tell you the number of clients coming to me after they have done the divorce themselves and then something is wrong with the paperwork. It costs less to get it right the first time.
Answered on Apr 18th, 2013 at 4:23 PM

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Sounds like you need to file a dissolution; If the parties agree on everything, then no need to file the divorce; You can seek the necessary paperwork from your local law library and also from the domestic clerk of courts
Answered on Apr 18th, 2013 at 4:22 PM

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You may be able to work out agreements on your own, but you want them written up so that they hold up in court. An attorney will also be able to talk to you about other issues that you may not realize should be included in your Judgment. You can also discuss how the equity in certain items should be handled and how you want to word your visitation agreement, it would be a bad idea to agree that he can see the children as much as he can or wants to. This could mean he could ask for them any hour, any holiday, any time period, for any period of time. I believe it's worth the small investment to obtain an attorney just to help you draft the legal Judgment with your best interests in mind, keep in mind, you will be living with the Judgment, as written (including any provisions left out) for many, many years.
Answered on Apr 18th, 2013 at 4:22 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Good, but you cannot get in it into proper form and there will be necessary things you will not cover. Hire an attorney to help you, its just your, and your children's' future.
Answered on Apr 18th, 2013 at 4:22 PM

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