What Are the Common Mistakes to Avoid During a Divorce?
Fortunately, not every divorce results in a long, time-consuming, and draining court battle. When couples can agree on all terms of their divorce, they are in what is known as an “uncontested divorce.” That being said, many couples wonder whether, if they can initially agree on all divorce-related terms, they really need to hire an attorney. The answer, for several reasons, is yes. Continue reading and reach out to a seasoned Mercer County divorce lawyer from The Law Office of Rachel S. Cotrino, LLC to learn more about why an attorney is necessary, even in an uncontested divorce. Here are some of the questions you may have:
What Is an Uncontested Divorce in New Jersey?
Simply put, an uncontested divorce is a divorce in which both spouses are able to reach an agreement regarding all issues relevant to the termination of their marriage before asking the court to finalize the matter.
Generally speaking, this means both parties have already resolved issues concerning:
- Division of marital assets
- Division of marital debts
- Alimony or spousal support
- Child custody arrangements
- Parenting time schedules
- Child support obligations
- Health insurance considerations
- Retirement accounts, pensions, and investment assets
Because there are no outstanding disputes for a judge to decide, uncontested divorces are often finalized more quickly than contested divorces.
That being said, the fact that you agree with your spouse does not eliminate the legal requirements associated with the divorce process itself. Agreements must still be properly drafted, correctly documented, and submitted to the court in accordance with New Jersey law.
Can I File for an Uncontested Divorce Without Hiring a Lawyer?
The answer to this question is technically yes; New Jersey does allow individuals to represent themselves during divorce proceedings, and many people choose to do exactly that.
However, simply because you can proceed without an attorney does not necessarily mean you should.
Some of the more common issues that arise in do-it-yourself divorces include:
- Filing incomplete or inaccurate paperwork
- Overlooking retirement assets or pension interests
- Drafting vague settlement terms
- Failing to account for tax consequences
- Miscalculating child support obligations
- Creating parenting plans that leave important issues unresolved
- Entering agreements that later prove difficult to enforce
For example, many spouses may agree that one party will keep the marital residence. On its face, this sounds straightforward enough. However, additional questions frequently arise, including:
- Who will refinance the mortgage?
- How long will that spouse have to complete refinancing?
- How will the equity in the home be calculated?
- What happens if refinancing ultimately proves impossible?
These are the types of issues that frequently create problems long after the divorce itself has been finalized.
What Can a Lawyer Do During an Uncontested Divorce?
Even in highly amicable divorces, attorneys often play an important role.
Some of the ways an attorney may assist during an uncontested divorce include the following.
Reviewing Proposed Agreements
An attorney can review the terms of a settlement agreement to determine whether any important issue has been overlooked or insufficiently addressed.
Preparing Court Documents
Divorce is, for obvious reasons, a document-heavy process, and improperly completed paperwork can result in delays or additional court appearances.
Protecting Long-Term Interests
Certain decisions made during divorce are difficult, if not impossible, to undo later. Accordingly, it is important to fully understand the consequences of any agreement before signing it.
Drafting a Comprehensive Marital Settlement Agreement
A carefully drafted settlement agreement often prevents future disputes because expectations and responsibilities have been clearly outlined from the outset.
Providing Objective Guidance
Even when spouses remain on relatively good terms, divorce is still an emotional process. An attorney can provide practical guidance that is based on experience rather than emotion.
Contact a New Jersey Uncontested Divorce Attorney Today
Ultimately, if you’re facing a divorce, hiring a seasoned attorney is the most important thing you can do, even if your divorce is uncontested at first. If you have additional questions or would like to speak with a knowledgeable lawyer about your case, please don’t hesitate to contact The Law Office of Rachel S. Cotrino, LLC for an initial consultation today.
