Cindy Allen & Associates PLLC

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Why you should consult an attorney in uncontested divorces

Of course, it is not always necessary to hire a family law attorney to process an uncontested divorce. If the split is mutual and amicable, the family court system has resources to help people with the very basics of legally ending a marriage. However, more often than not, lay people may not understand the gravity (and permanency) of their decisions; which is why it is prudent to at least consult an experienced attorney when going through a divorce, even if it is uncontested.

This post will identify a few reasons why.

Questions about joint debts – These questions often arise when divorcing parties agree that one spouse will pay off joint debts (i.e. credit cards or loans) and hold the other spouse harmless when it comes to making such payments, but what happens in the event the paying spouse defaults? The creditor doesn’t care about your agreement, since it is contractually still allowed to pursue whoever is listed under the contract with them.

When a spouse wants to keep the marital home – When one spouse wants out of the marital home and the other wants to stay, the spouse keeping the home has to qualify for another loan to replace the existing joint loan. What happens if this does not occur?  Ideally, this should be considered by discussing it with an experienced attorney.

Child support issues – It may feel good to avoid arguments or even litigation by agreeing to an amount for support, but it is important to understand what state guidelines call for. Consulting an attorney can help you understand what would be best for you.

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