Three Things You Shouldn't Overlook In An Uncontested Divorce

If you and your spouse have separated and decided to file an uncontested, amicable divorce, you may think that you can do it on your own without an attorney. While you may be able to file the paperwork with the courts on your own, it's in your best interest to consult an attorney first, even if you do it together. The attorney will help ensure that you've both addressed all of the important legal considerations to avoid the chances of a dispute arising in court. Here are several things that the attorney will help you negotiate.

Child Custody

Child custody is often one of the most difficult things to settle as part of a divorce. If you both know clearly what you want and you are on the same page, it can make the process much easier. It's also better for the kids, because they won't see the two of you arguing over their fate. You may find that you need mediation to determine the best interest of your kids, and a divorce attorney can help you with that.

Divorce attorneys can help you to explore details of the custody and visitation schedule that you might not otherwise think of. For example, you may want to include a clause in the settlement that prevents the custodial parent from moving out of state without prior approval. There may be some specific transportation requirements, such as one parent handling the pickup and drop-off process. And, you'll want to clearly define who has the right to take the kids out of school and why.

Child Support

Child support is often another point of contention in divorce settlements. You may find that it is in your best interest to negotiate an amount and define it in the settlement as a mutual decision that you'll handle between you. The courts reserve the right to refuse a support amount, though, so working with a divorce attorney can help you calculate a support payment that's in line with the local court's requirements to help ensure an approval.

Assets and Finances

When you make the decision to separate and file for divorce, you'll have to determine how to handle marital assets and future finances. This means deciding what to do with investments, bank accounts and insurance policies. In addition, if there is a legal requirement for other payments or you want to legally define requirements for providing tuition payments and other savings for your children, an attorney can help you to sort that out.

Filing an uncontested divorce on your own can be more affordable and may be faster to process through the courts, but if you miss an important detail in your settlement agreement, your uncontested divorce could quickly turn contested in the courtroom. With the information presented here and the support of a family attorney like the Law Offices of Gordon Liebmann, you can negotiate your divorce settlement and come to agreements about all of the key factors.

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