In contrast to a contested divorce situation, an uncontested divorce or “answer/waiver divorce” is the relatively smooth process by which parties can settle on an agreement of the various major and minor issues that will affect their lives going forward after a divorce. Those possible issues include child custody, visitation, child support, division of property and assets, alimony, tax implications, specific provisions concerning behavior around the children and the like. Once agreed upon by the parties, the terms are submitted to the Court along with various other documents for approval by a Circuit Court Judge.

Do We Both Need An Attorney?

You and your spouse do not necessarily each need a divorce attorney in an uncontested divorce situation. There is a legal means by which one attorney can file paperwork for both Husband and Wife, if the other agrees. This often helps cut the costs of the proceeding when both parties are in agreement about the terms and are trying to keep the expense of the process low.

It is extremely important to enlist the help of an experienced attorney in this situation. One will never understand the power of a few little words to change lives more than when a person sees a divorce agreement carried out by a domestic relations judge. Often times the placement, addition or subtraction of one small word can mean a world of difference in someone’s case and in their life. Mistakes and omissions in agreements can be costly and have serious ramifications years down the line.

Agreements and Final Judgments

It is hard to imagine when signing divorce documents just how long they will affect your life. Attorneys often describe divorce cases as “lifelong clients” because it is truly surprising how many issues arise as time goes on after a divorce. Couples with children find that their needs and the needs of their children change over time. Former spouses get remarried; children get older and grow up; income changes; needs change; people move. It quickly becomes apparent how important it is to have a solid document upon divorce, one that will protect your rights going forward and one that is organic and can change with the changes that will take place in life.

It is not unusual for word games and semantics to be played in the course of producing documents. That is, sometimes the other side will try to slip something into an agreement that can bind a person into an agreement that they have no idea they are entering into.

By the same token, it cannot be explained how significant it is to have an attorney that understands all of the ramifications and consequences of wording an agreement correctly and can protect your rights in reviewing offers from the other side. The Alabama Supreme Court recently ruled on how the difference of including one word can change the status of your custody from joint custody to merely visitation.

What Can I Put In My Agreement? How Do I Protect My Rights?

People can include provisions in Agreements regarding everything from complex instructions on how a house will be divided and sold and the corresponding tax implications to whether or not your spouse is allowed to drink or smoke around your children, or even how to monitor their internet usage! Unfortunately, some people need to be told how to parent. If you walk away with a simple document that only says “you are divorced and split the property,” your rights may not be fully protected and you could be left in a difficult position in the years that follow. It is always easier to get what you want when at the table now than to start up the process years from now and re-climb the mountain.

Always remember that each and every case is different and sound legal advice can only be attained by speaking directly to a knowledgeable and experienced attorney!