Do Both Parties Have to Have an Attorney in a Divorce?

By Maggie Lourdes

The law does not require you and your spouse to hire separate lawyers for a divorce. You can fill out your own paperwork and represent yourself, or you can save time and attorney's fees by having an online legal document service fill out and file your paperwork for you. Parties generally do have separate attorneys in complicated or contested divorces in which they cannot agree on major issues to ensure the adequate protection of their own interests.

Uncontested Divorces

An uncontested divorce is one in which the spouses agree on the division of property, debts, spousal support, and child custody and support if applicable. In an uncontested divorce, while the parties can choose to prepare and submit their own paperwork, one spouse can also retain an attorney to represent him and the other spouse can cooperate as a self-represented party. One attorney cannot legally represent both parties. If the parties cannot agree on any issues, they can opt to attend mediation to resolve their conflicts, or in some states, they must attend court-ordered mediation.

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Guide to Uncontested Divorce in Minnesota

As compared with a contested divorce, filing an uncontested divorce may save Minnesota residents both time and money. To file an uncontested divorce, the couple must agree that they want to dissolve the marriage and agree on the terms of the divorce. Further, a summary dissolution is an even faster process, but is only available to couples that meet the state's criteria.

Oregon Divorce Mediation & Arbitration

Oregon courts encourage divorcing spouses to work together and resolve marital issues such as custody and property division on their own. To that end, the court will order couples to attend mediation when custody disagreements arise. If the contested issue involves property, the court will send the couple to arbitration so that the couple can decide the matter in a less formal setting. By utilizing mediation and arbitration when necessary, Oregon spouses often move through the divorce process quickly, and with fewer costs.

What Is the Process for Getting a Divorce in GA?

Most states share similar divorce procedures. In all jurisdictions, a complaint for divorce is required to begin the proceedings. One spouse must file it with the court, and in most cases, the other spouse will answer it. The two parties then exchange financial information and either reach a settlement or go to trial for a judge to decide the terms of their divorce for them. Georgia also requires special attention to parenting issues during the divorce process.

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