While you always hear the horror stories about divorce, there are some couples who actually go through an amicable divorce. These divorces, also called an uncontested divorce, involve mutual agreements between both parties about the division of assets, child custody agreements, etc. Because uncontested divorces are viewed as positive things, many believe that only one party needs to hire and pay for an attorney to see the divorce through the legal system. However, here are three reasons why both parties need an attorney during an uncontested divorce.
1. To restore the wife’s maiden name.
In some states, such as Tennessee, it can be difficult for the ex-wife to reclaim her maiden name after a divorce. In order for a woman to get her maiden name back, the request has to be made in the divorce complaint. Then, during the divorce proceedings, the judge has to sign off on the request for the restoration of the maiden name.
If the restoration of the maiden name is not explicitly stated in the divorce decree, the ex-wife will have to go through the name change process in court. The reason for that is because, for divorces in Tennessee, the Social Security Administration requires that information to be in a legal document before they will grant the name change in their records.
You could trust that your ex-husband’s attorney will put the request for your maiden name to be restored in the divorce papers, but it is not a good idea. After all, they aren’t working for you. Instead, you should retain your own attorney to make sure your maiden name request has been included as it should be.
2. To prevent being painted in a negative way in court.
If you have kids, it is never a good idea to not seek the help of an attorney during a divorce. It’s also not a good idea to take your ex’s word for it that you don’t need to show up in court. If you don’t have an attorney and you don’t show up in court, your ex and their attorney can say anything about you and you can’t defend yourself.
So, if your ex tries to tell you that you don’t need an attorney or that they will take care of everything, politely tell them you are still getting your own attorney. You need to protect your own interests and not leave that to your ex.
3. To make sure things are taken care of in a timely manner.
You may think you can trust your ex to get the divorce papers filed when they say they’re going to do it, but the only way you can be sure is if you also have your own attorney checking in on things. If the papers aren’t served when you were told they would be, you can then make plans with your attorney to file them yourself. At least that way you can get the divorce finalized as soon as legally possible, and you won’t have to wait around for your ex to do it.
For more information, contact Harold Jarnicki Attorney At Law or a similar legal professional.