Do you still need an attorney in an uncontested divorce?

Does an uncontested divorce mean you don’t need a lawyer? We wouldn’t recommend it. As a law firm that has helped many individuals through all aspects of their divorce, we know that there are many issues that can be forgotten if not left in the hands of an experienced attorney.

From taking a forensic accounting of the marital estate to exchanging civil discovery requests, our law firm knows how to protect the interests of our clients. At the same time, there are strategies for minimizing the costs of a divorce. If the parties are interested in working through the divorce process efficiently and with minimal fighting, court involvement can be minimized and litigation can be streamlined. This type of approach might be labeled as uncontested, but each party may still have their own attorney to protect their interests.

For instance, if the parties are cooperative and able to reach agreement on property division and other material issues, only one party’s attorney needs to draw up the settlement proposal. After both parties have reviewed it, with the assistance of their counsel, it can be submitted to the court for approval.

Another cost-saving approach in divorce might be for both parties to rely on the services of a common financial advisor to equitably divide their marital assets. If there are disagreements, a mediator might be a less expensive option than turning to litigation in court. A mediator will listen to each party’s position and then go back and forth between them, helping them whittle down differences. Notably, the parties are still advised to have their lawyers present in any discussions with the mediator. 

Source:, “Considering divorce? Consider your options,” Stewart Welch, July 5, 2016