Do I Need an Attorney for an Amicable Divorce?

 Posted on May 22, 2019 in Family Law

Many couples end up dissolving their marriages on relatively good terms. In these cases, the divorce is often uncontested. An amicable divorce is one in which both spouses agree to the terms without contesting such matters as division of marital property, child support, child custody, visitation, and spousal support. There are many positives to an amicable divorce, including significant time savings. Amicable divorces are generally much less stressful than contested divorces. And, amicable divorces are usually much less expensive. After all, 40 percent of Americans do not have enough money in reserve to cover an unexpected $400 bill, and the average cost of divorce, per person, is $15,000. However appealing an amicable divorce sounds, it may not be a good idea to sign divorce papers without first talking to an attorney.

Why an Attorney Is Still Necessary

Shockingly, 40 percent of couples take a very large risk by not using a divorce attorney when they get divorced. Amicable divorces do not require an attorney to argue your case in front of a judge, but there may be reasons to work with an attorney regardless. It is true that you and your spouse can write up an agreement and submit it to the court for the court’s approval and a final divorce decree. Yet, some spouses end up regretting their decision to trust their partner with such openness. After all, the other spouse may have kept some aspects of their lives hidden from you. For example:

• They may have hidden assets that you do not know about;
• Some of the assets that ended up getting divided may not actually be marital property, such as inheritance or personal injury settlement money;
• Their future living situation, work schedule, and lifestyle may not be as ideal as they lead you to think regarding parenting time;
• The alimony decision that the two of you came up with may not be fair to one of the parties;
• The child support that the paying parent provides may not be adequate for the new living expenses that the custodial parent is now faced with; and
• Much more.

A Hinsdale Divorce Attorney Can Answer the Important Questions

Divorce should never be rushed because that is when mistakes are made that can haunt you for years to come. Let the experienced DuPage County divorce attorneys at the Law Offices of Martoccio & Martoccio thoroughly review your case before you take any further actions that could inadvertently harm your child or yourself. Call 630-920-8855 to schedule a free consultation today.

Sources:

https://www.federalreserve.gov/publications/files/2017-report-economic-well-being-us-households-201805.pdf

https://www.thumbtack.com/p/divorce-cost