In an uncontested divorce, Margaret Bennett represents one spouse and the other spouse represents himself or herself, or retains an attorney to obtain legal advice and review the Marital Settlement Agreement and parenting agreement, if applicable. In uncontested divorces, the parties may have already reached an agreement on their own, or they attended mediation and have a memorandum of understanding from the mediator, and they need an attorney to incorporate their settlement into a Marital Settlement Agreement and handle the finalization or “prove-up” hearing at court to conclude the divorce proceeding.Margaret Bennett is often contacted by a husband or wife stating they have hashed out all the issues with their spouse, but need assistance putting it into a written agreement.
Ms. Bennett can only represent one of the parties, and can only provide legal advice to the party that retains her.
For example, the parties may have already reached a decision about what to do with the marital home and where the children will live. One of the parties retains Margaret Bennett, and she provides the client with a checklist of issues that will need to be decided upon between the parties. Once the parties have worked through the checklist, Ms. Bennett will begin drafting a Marital Settlement Agreement and parenting agreement, if applicable. If the parties could not complete the entire checklist in full agreement with each other, Ms. Bennett will recommend a mediator to assist the parties in reaching a full agreement. Ms. Bennett can only represent one of the parties, and only provide legal advice to the party that retains her. The other spouse is advised to seek counsel of a different attorney for any legal questions and review of the draft Marital Settlement Agreement and parenting agreement, if applicable.
If the non-represented spouse feels the need for legal representation, he or she should retain an attorney to understand his or her rights and obligations. Ms. Bennett belongs to a network of mediation-friendly attorneys who can assist with uncontested divorce proceedings.
Once the Marital Settlement Agreement is Signed
Once the parties have signed the Marital Settlement Agreement and parenting agreement, if applicable, Ms. Bennett will file a Petition for Dissolution of Marriage with the Court, and set the matter for a final “prove-up” hearing. Both parties will need to go to Court and appear before the Judge to “prove-up” the grounds of the divorce, and request that the Judge enter the Judgment for Dissolution of Marriage. This is the day that the divorce will be finalized (the date of divorce).
Have questions about an uncontested divorce?
Contact our firm to schedule a consultation with Margaret Bennett so she can answer all of your questions about uncontested divorce and whether it may apply to you and your circumstances.