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What Is An Uncontested Divorce?

By Divorce Matters Attorney Ashley Balicki

Uncontested Divorce: This is when the parties have an agreement as to all issues in the divorce, including but not limited to: division of property, maintenance, parental responsibilities, and child support. In these cases the attorney can only represent one party but can draft all of the necessary documents to initiate and/or finalize the divorce. This is very common in the family law practice.

  • The parties do not have any disagreements but need someone to draft the necessary paperwork to initiate and finalize a divorce;
  • Only one party may be present for the initial consultation and only one party may hire the attorney (the attorney cannot represent both parties due to the ethical rules);
  • After one party retains the attorney can then speak to and meet with both parties simultaneously in order to draft a Separation Agreement;
    The attorney can only provide legal advice to the spouse that is his or her client and cannot provide legal advice to the other spouse.

Questions to ask:
Is either party represented by an attorney?
Has anything been filed?
Is there a full agreement as to all issues?

If you think your divorce will be uncontested, it is a good idea to consult with an attorney to make sure you understand all aspects of a divorce. Contact us if you have any questions.