Should you Hire an Attorney for an Agreed Divorce?
If you and your spouse have made the decision to divorce, you may be dreading a long, drawn-out process of spending months or years in court dividing property and finalizing custody arrangements. However, if your relationship is not highly acrimonious and you are able to communicate with your spouse, then you may be candidates for an agreed, or uncontested, divorce. Agreed divorce can be a faster, less expensive way to separate from your spouse.
If you’ve reached an agreement with your spouse over issues such as who will remain in the marital house, or how custody of your children will be divided, it may feel as though you don’t need an attorney. However, there are a number of reasons why it may be in your best interests to hire an attorney for your uncontested divorce in Kentucky. First of all, it can be difficult to account for, appropriately value, and divide all your assets. For example, certain special formulas are used to divide pensions or other retirement accounts, and orders must be entered with a court to ensure that payments from such accounts are correctly made in the future. It can also be tricky to determine how something like credit card debt might be divided between the spouses, how to account for gifts exchanged between the spouses, or even how to divide frequent flier miles or season tickets for a local team. An experienced divorce attorney will be able to identify what is or is not marital property subject to division.
Additionally, hiring an attorney for an uncontested divorce will provide a useful facilitator for issues where you might not be in total agreement. That said, it is very important to remember that one attorney can never represent two opposing parties. An attorney can represent one party, and the other party can either represent themselves, or hire an attorney for the limited purpose of reviewing the agreement they reach with the other spouse, prior to signing. Considering that you and your spouse may still be sharing assets, it could still save you money to reduce funds spent on attorneys’ fees for both parties.
Filing for and reaching a final settlement agreement for your divorce does not have to be a highly contentious process. Consider hiring an attorney who can walk you and your spouse through an agreed divorce. For a consultation on your Kentucky divorce, contact Bowling Green divorce attorney Lanna Kilgore at 270-846-3700.