Agreed Divorce – Questions and Answers

Recently it seems as if I’ve answered the same agreed divorce questions over and over again and thought I’d post the questions and answers here in case you have wondered about these questions, too.

Agreed Divorce Question 1: We have agreed to everything.  Do I need a lawyer?

I get calls and meet with people who start our conversations with this question: We have agreed to everything; do I need a lawyer?  My answer is yes.  For couples who have agreed to everything in their divorce that is a great starting point.  But just being in agreement about everything doesn’t mean that the divorce is started or finished.  Online forms are easy to click on, but that doesn’t mean anything is correct or accurately reflects what you and your spouse have agreed to do.  The right lawyer for you will work with you to make sure your petition and your decree include your agreements accurately and correctly so that your divorce finishes as well as you hope it will.

Agreed Divorce Question 2: Can you represent us?

I can only represent one person in a divorce, agreed or not agreed.  I can only represent the interests of one person.  And, that is true for any lawyer.  No lawyer can represent both spouses in a divorce.  So, in the case of an agreed divorce, one spouse can hire a lawyer who can prepare the necessary documents according to the agreement.

Agreed Divorce Question 3: We agreed we aren’t going to go to court.  If I hire a lawyer, does that mean I have to go to court?

This is a tricky question.  The answer is really an explanation of the divorce process to answer because if you are going to get a divorce you have to involve the court system.  So, the short answer is that you have to go to court anyway – hiring a lawyer for your divorce isn’t the reason you will have to go to court.   The most basic explanation is that you can only get divorced by involving the court.  You start your divorce by asking the court for a divorce and you are finished when the court gives you what you asked for and grants your divorce.

These are just a few of the questions and answers that are asked frequently at my office.  You can schedule a consultation with Jill O’Connell for your questions about your situation – 940-497-5454.