If both parties agree to a divorce and are generally agreeable to the terms of the divorce, then this is known in Colorado as an uncontested divorce. Items that may need to be worked out in this type of divorce can be done with the assistance of mediators, divorce lawyers, or between the parties themselves.
Are you and your spouse planning to divorce amicably? If neither of you have opted to contest anything in the divorce petition, it is only natural to believe that hiring an attorney is unnecessary and that you can move forward with the divorce proceedings on your own.
Although an uncontested divorce can appear simplistic in nature, it is still very possible for complications to arise if things are done incorrectly. After all, there are still numerous legal steps that need to be taken and dealt with properly. Also, an uncontested divorce generally involves the same delicate family law issues as a contested divorce—such as child custody, child support, visitation, spousal support, property division.
While it is possible to complete your uncontested divorce without any representation from an attorney, it is not recommended that you do so as the divorce process can be extremely emotional for you and your spouse and may be more difficult than you originally anticipated. Handling a divorce on your own can also result in issues being addressed inadequately, which may lead to your having to amend your divorce settlement later on. With an attorney by your side, you will not not need to worry about unaddressed issues or loose ends that could arise later on.
A knowledgeable and experienced attorney can ensure that your individual interests are protected, and can provide you with valuable advice on the proceedings and on your available options. An attorney can also help you draft a divorce agreement to ensure that it is completed in a timely manner, and see to it that the agreement meets your unique needs.
In some instances, divorcing couples may consider hiring only one spouse to prepare the essential paperwork in order to save money—but it is important for the couple to know that an attorney can only represent one party. This means the unrepresented party could be at a significant legal disadvantage. If you and your spouse are considering such a situation, at least hire your own attorney to review the documents prepared by your spouse’s attorney. This way, you can properly be advised of your rights prior to signing the papers and finalizing the divorce.