Uncontested Divorce Attorneys In Lake County, Indiana
If you are considering divorce, you might be wondering what options you have at your disposal. One of the most popular types of divorce that many of our clients at Funk & Wendlinger, LLC, opt to pursue is the uncontested divorce. This is an especially common option among spouses who are moving through the divorce process amicably and with a mutual agreement. In this kind of divorce, one party will hire an experienced divorce attorney to help draft the documents that will need to be filed with the court. Before these documents are drafted, both parties will need to first agree to the terms of the divorce. This includes things like child custody, property division and child support.
Note that while both parties must agree to the terms of the divorce and both will be affected by the agreement, both parties are not represented by the attorney. Only the individual who hires the attorney in question is represented by them. This is important if you are moving through an uncontested divorce and aren’t sure if you are receiving the best possible deal. Remember that the attorney you hire is representing your best interests, not those of anyone else.
In Indiana, there are a few different kinds of divorces from which to select. These include divorce by publication, a contested divorce and an uncontested divorce. An uncontested divorce tends to be the most cost-effective and quickest divorce option available for the majority of individuals. This is especially true if there are no complicated situations that affect the dissolution of marriage. Even a couple that must agree to co-parenting schedules, child custody and child support arrangements can have an uncontested divorce as long as both spouses are willing to agree to the terms outlined.
There are five requirements that must be met in order to qualify for an uncontested divorce.
These include that the parties involved:
- Both agree to the divorce
- Are able to reach an agreement regarding all issues
- Use a single attorney
- Are willing to voluntarily sign the documents in question.
- Have assets that are valued at less than $250,000
There are certain kinds of situations in which uncontested divorce is simply not possible. In situations where spouses disagree about issues in the divorce, for example, an uncontested divorce is not an option. If you want to file specific grounds for the divorce – something like infidelity or cruelty – then you should not pursue an uncontested divorce. If either your spouse or yourself is involved in an ongoing bankruptcy, you cannot utilize an uncontested divorce. Finally, if you (or your wife) are pregnant, you should not pursue an uncontested divorce. Note that this last point holds true even if the husband is not the father of the child.
In divorce situations where the issues are more complicated – situations where any of the aforementioned issues are present – an uncontested divorce is not the way to go. A contested divorce is the better option in these cases. An uncontested divorce means exactly what it sounds like – the divorce in question is uncontested, and the process is one that both partners want to make as smooth as possible.
You might be tempted to attempt to handle your divorce yourself; however, this is a bad idea. The issues at stake are too serious and too complicated to fall to chance, and you should have an experienced family law attorney on hand to ensure that all of the documents necessary are properly drafted and are ready to go. They can help make sure that your divorce is over as quickly and with as minimal stress as is possible. That is not to say that there won’t be any stress at all, of course, as divorce is an inherently stressful time. At Funk & Wendlinger, LLC, however, we work hard to ensure that you make it through the situation as unscathed as possible.
You absolutely do need to hire an attorney for your divorce, in other words. But if you are filing for an uncontested divorce, then remember that you must only hire one attorney. Whether it is you or your spouse, only one can be used throughout the duration of the divorce. That is why it is so important that you both agree on the terms – only one of you will be represented by the attorney in question, so any haggling or arguing over the issues involved in the divorce that require both parties to have an attorney will lead to a contested divorce instead.
Get started with an uncontested divorce: Contact our office in Schererville.
For more information about uncontested divorces in Indiana, contact us online or call our office at 219-865-0002.