Is An “Uncontested” Divorce Really Uncontested?
It might seem like a good idea to try a DIY divorce, especially if you think there are no issues to be decided. Some couples try to navigate the complex waters of family law on their own, and with the best of intentions for an uncontested case find themselves immersed in the process without making any progress. This is because a divorce, whether contested or not, is one of the most emotional times of your life. What starts out as amicable doesn’t always stay that way when emotions take over.
A divorce in Florida is officially called a Dissolution of Marriage. If you are going to try and keep the case simple and agree on everything, here are some pitfalls to avoid:
● Keep your emotions in check: this is the hardest part of any legal proceeding and even more so in a divorce case. But if you want to have your case move along as smoothly and quickly as possible it is best to bite your tongue. Having an overly emotional reaction to decisions or requests doesn’t really move your matter forward and takes your case out of the realm of “uncontested”.
● Representing yourself: most lawyers don’t even represent themselves when the need arises. Maybe it’s due to the old adage “a lawyer who has himself for a client, has a fool for a client”. First, it is hard to remain objective when you are both the client and the advocate. And, second, if you are not legally trained you leave yourself open to falling prey to an unscrupulous attorney on the other side. Litigations who decide to proceed without an attorney are held to the same knowledge standards as lawyers, and often times end up hiring a lawyer to clean up the mistakes made. Save yourself this headache and use a qualified attorney from the beginning. This is true even if you believe your matter is amicable.
While there are instances where the parties are able to agree on most of the terms of their divorce, it is difficult to say any case is every truly 100% “uncontested”. Protect yourself and your kids by calling an experienced family law attorney to help make even the most friendly of divorces go smoothly and as you hope.
For more information about divorce, contact a Stuart and Treasure Coast family law attorney with experience. The fee for your fist visit is a flat fee and we work with you for a cost effective result.