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If you are considering the prospect of ending your marriage, you may also think that you will be able to pursue an uncontested divorce. If that is the situation at hand, you may wonder whether you need to consult with a so-called New York uncontested divorce lawyer. When it comes to what you think will be an uncontested divorce, here are a number of factors and considerations that you need to bear in mind.
Not All Uncontested Divorces End That Way
A key factor that you need to take to heart is that a divorce that is uncontested at the start may deteriorate very quickly. The stark reality is that emotions run high in most situations in which a couple is ending a relationship, including a marriage.
When a divorce spirals into something acrimonious, the lax attitude previously associated with a so-called uncontested divorce is no longer appropriate. For example, if a person forgoes legal counsel because a divorce is perceived as uncontested, he or she can end up in a highly risky situation if the case takes a turn for the worse.
One Attorney is Not Enough
Many people who think a divorce will be uncontested believe that a couple can obtain one lawyer between them to deal with legal issues. This is a misconception. The reality is that an attorney can only ethically represent one of the parties in a divorce case. Therefore, even if the parties think they can share a lawyer in a divorce case, that attorney actually will only be representing one of the spouses.
Preparing Divorce Paperwork
Although standard forms are available in a so-called uncontested divorce case, these forms must be up to date and accurate. In addition, they must be completed correctly.
Time and again, individuals seeking divorces do not hire legal counsel, and complete these forms on their own, but do so incorrectly. When that happens, divorce proceedings can be delayed, and sometimes significantly so. In addition, there are situations in which mistakes are made on these forms that result in a divorce case being dismissed.
Retain a New York Uncontested Divorce Lawyer
No matter how “easy” you think your divorce case will be, you are wise to seriously consider engaging the services of an experienced New York uncontested divorce lawyer. Legal counsel can ensure that all divorce paperwork properly is prepared and filed with the court. Legal counsel can assist in addressing court appearances and related matters that can arise during a New York divorce case.
Significantly, if a divorce case turns sour, which is always likely, an attorney is already on board to address serious issues. A party to a divorce is best able to protect his or her legal rights and interests even when a once uncontested divorce devolves into something far more negative.
The first step in retaining legal representation is scheduling an initial consultation with a divorce lawyer. During this session, you are provided with an overview of divorce law and court procedure. You are also able to get answers to your questions. As a general rule, there is no fee charged for an initial consultation with a divorce lawyer.