Oftentimes, clients will seek an attorney to represent them in an “Uncontested” or “Agreed Upon” divorce. An uncontested/agreed divorce may be an option if you and your spouse are already in agreement to all aspects of your divorce. This includes child custody and support, property division and your spouse’s willingness to cooperate with your attorney as necessary. If you spouse doesn’t have an attorney, Mr. Buitron can speak with him or her and answer their questions about the process and help with the negotiations.
If children are involved uncontested divorces are often much easier on them than a long drawn out divorce where the prolonged stress of the process can become difficult to hide by stressed out and emotionally distraught parents. What’s more, unfortunately, children often become unwitting pawns in their parent’s divorces, carrying messages back and forth and getting involved in aspects of their parent’s divorces that they would be better off being unaware of.
If, after your consultation, Mr. Buitron believes that there is a potential to complete your divorce agreeably and without conflict, he may offer you the opportunity to retain his services under a limited scope for a flat rate rather than a retainer charged against an hourly fee.
This scope includes: Drafting and filing an Original Petition for Divorce, drafting and filing a Waiver of Service, drafting a Final Decree of Divorce and appearing with the client to finalize the divorce decree in a brief court appearance.
This process is faster and usually far less expensive than a standard divorce, but sometimes after the divorce process begins, a divorce that started with all matters agreed upon will become contested.
WHEN IS A DIVORCE NO LONGER “UNCONTESTED”?
A divorce may become contested if your spouse refuses to complete and return the waiver of service or final decree in a timely manner, hires an attorney, no longer agrees to one or more of the terms involved in your divorce or otherwise complicates the process.
WHAT HAPPENS WHEN AN “UNCONTESTED” DIVORCE BECOMES “CONTESTED”?
If Mr. Buitron is retained to represent you for an uncontested divorce but your divorce becomes contested for any reason, including but not limited to those listed above, he can still represent you, but the case will convert to an hourly rate and a new retainer agreement will have to be signed.
WHAT CAN A CLIENT DO TO KEEP A DIVORCE “UNCONTESTED”?
With the emotion that accompanies a divorce, it is often impossible to prevent disagreement, but abiding by the local standard orders, avoiding unnecessary conflict and encouraging your spouse to contact your attorney with any questions or concerns may help preserve your “uncontested” status.