Can one lawyer handle an uncontested divorce?

Can one lawyer handle your uncontested divorce?

Those looking for an uncontested divorce are generally price conscious people, so they often ask if their spouse will be needing to hire an attorney or, alternatively, whether the uncontested divorce lawyer that they hire will be representing both parties.  The answer to both of those question is no.

As to the first question, no, the Respondent (spouse of the client) does not need to hire an attorney in order to get your uncontested divorce done.  I can't ever tell a Respondent not to hire an attorney, of course, as that is their right.  However, I do not consider a divorce uncontested - at least not uncontested to the degree that allows a low, flat fee - if another attorney is involved.  

As to the second question, no, your attorney does not represent both parties in the divorce, as that would be unethical and against the lawyer's code of professional conduct.  

In my opinion, a good uncontested divorce lawyer, while not representing the Respondent, can put all of the parties' minds at ease by explaining the scope of representation involved in an uncontested divorce case.  In my practice, uncontested divorces involve a limited scope of representation.  That scope involves preparing the paperwork pursuant to the agreement reached between the client and their spouse, and pointing out where the parties need to address an issue or clarify something.  Never am I going beyond that scope and providing legal insight or guidance as to how my client can "win" or get one over on the non-represented party.  That would not be ethical nor fair nor good for the reputation of my business, honestly.  If a client is looking to slip a line in the settlement or parenting plan that I know is not agreed upon but may go unnoticed by the non-represented party, I simply decline representation.  

Uncontested divorces require a certain degree of trust by both parties, and certainly more from the Respondent than the client.  I understand this and do my best to make sure the unrepresented party - while not receiving any advice, legal or otherwise, from me - knows that I am representing Petitioner (but, on a limited scope basis, as explained above) and that they understand his or her right to get an attorney if they wish.

So yes, one lawyer can handle your uncontested divorce and, as my previous entry indicates, often without the need to ever step foot in court.  Feel free to call or email me to get your uncontested divorce started.

Thanks for reading

Gerald W. Linnenbringer, Missouri Uncontested Divorce Attorney

GWL@LinnenbringerLaw.com
www.LinnenbringerLaw.com

Can you file for an uncontested divorce in Missouri without an attorney?

DIY Divorce Forms vs. Uncontested Divorce Representation

Yes, you can file your uncontested divorce in Missouri pro se (without an attorney).  I'll even provide a link to those forms:

http://www.stlouisco.com/LawandPublicSafety/CircuitCourt/Forms

If you choose to file without an attorney, Missouri Supreme Court Rule 88.09 requires that you complete a litigant awareness program.  You and your spouse will both need to take the course, and each of will need to bring your certificate of completion to your court date.  Yes, at least one court appearance will be required if you choose to file yourself.

This and other information can be found in the 8-page pro se divorce instructional pamphlet that is provided by St. Louis County Family Court.  Further instructions and information can be found throughout the 70-pages of Dissolution of Marriage pro se forms.  After you graduate from your Litigant Awareness Program, study the 8-page detailed-instructions pamphlet, and complete the 70-pages of forms, you'll be ready to head to the court to file your case.  Make sure everything is correct, as one mistake could cause the case to be dismissed or lead to an outcome you and your spouse did not intend.

Alternatively, if you would like an attorney to handle your uncontested divorce case from start to finish at a reasonable rate, and allow you to avoid any litigant awareness classes and/or court appearances, please feel free to give me a call or shoot me an email.

Further information regarding uncontested divorce can be found on my website's Missouri Uncontested Divorce FAQ.

Thank you for reading. Please feel free to contact me for more information.

Gerald W. Linnenbringer, Missouri Uncontested Divorce Attorney

GWL@LinnenbringerLaw.com
www.LinnenbringerLaw.com

Is your divorce really uncontested?

Is your divorce really uncontested?

For a divorce to be considered uncontested, you and your spouse must have an agreed upon disposition for all issues that are addressed in a dissolution case, including, but not limited to:

+  Who will take what assets post-dissolution?

+  Who will be responsible for each debt after the divorce is final?

+  Will debts, like a mortgage or car loan, need to be refinanced to remove the non-responsible spouse?  If so, how long will the spouse have to refinance?  What if the spouse cannot refinance, how will that scenario be handled?

+ Will one party be responsible for paying the other maintenance (alimony), and, if so, how much and for how long?

+  What will the child custody arrangements be?  Details that must be considered include transportation, visitation, holiday visitation schedules, vacations, school year vs. summer schedule, etc.

+  Will child suport be paid?  If so, you and your spouse must work out all child support arrangements, including who will be paying child support, how much child support will be paid (if any at all), who will cover the children's health insurance, how daycare expenses will be paid, who will claim the children as dependents for tax purposes, how will college expenses be paid, etc.  

+  For your divorce to be considered uncontested, you'll even need to work out who will pay the court costs

As you can see, everything must be agreed upon for your divorce to be considered uncontested.  I am often asked, "Can we get my spouse to pay part of the attorney fees?"  And the answer is, maybe, but if we're filing the case looking for that relief, it's not an uncontested divorce.

Please feel free to contact me anytime to discuss your Missouri uncontested divorce.  I can be reached at 314-238-1219 or at GWL@LinnenbringerLaw.com.  Please visit my website has more helpful information and links to past-client reviews.