As our country and the St. Charles and St. Louis County areas begin to emerge from the COVID-19 fog that has been a part of our lives for the majority of 2020, domestic issues involving families and couples are coming to the surface. Partners who previously avoided their differences are now looking to separate after being quarantined together. For couples seeking to dissolve their marriage and have agreed on terms of their divorce can save time, money and frustration.
Uncontested Divorce St Charles Lawyers
In an uncontested divorce, spouses have reached agreements on every major issue that could arise in a divorce. In a case involving children, issues include child custody (both physical and legal), visitation, child support, health insurance, and day care and/or school. Issues of property and debt division also have to be agreed upon, as well as whether one party is to pay maintenance (what we used to call “alimony”) to the other.
When all issues are agreed upon, the parties do not have to go to court. Settlement documents detailing the agreements made are signed by each spouse and filed with the court. After a thirty day waiting period, the judge assigned to the case will enter the judgment, approving the settlement.
Representation in an Uncontested Divorce
It is not necessary to hire an attorney to represent you in a divorce. However, a divorce can be overwhelming and there are a lot of decisions to be made. You may choose to hire a divorce lawyer to represent your interests and assist you throughout the divorce case. An experienced divorce attorney will provide legal advice and guide you through the divorce process.
An attorney cannot represent both parties in a divorce. Even in an uncontested divorce when all issues are agreed upon. To save money, one spouse may hire an attorney to prepare the court pleadings and settlement documents. The other spouse may choose to either not have representation, or may hire an attorney to review the documents before signing.
Cost of an Uncontested Divorce
Uncontested divorces are typically less expensive than contested divorces. Expect court filing fees (amount will vary by each county) and service costs (unless the non-filing spouse waives service by written consent). If an attorney is retained, expect lawyer fees as well. The divorce attorneys at Wibbenmeyer Law usually charge a flat fee in an uncontested divorce and charge hourly in contested cases. Our fee arrangement will differ depending on the circumstances of each case. We let potential clients know up front the method by which you are billed (either flat fee or hourly), even if an exact amount or a range of fees is not given at that first appointment.
Domestic Violence - Order of Protection
An uncontested divorce may not be advantageous in all situations. Specifically, in cases where a spouse is experiencing or has experienced domestic violence. People who have faced abuse during marriage are oftentimes at a disadvantage when negotiating. If you are seeking legal representation in a divorce, contact a St Charles divorce attorney at the Wibbenmeyer Law Firm today.
Unfortunately, many abuse victims have been quarantined or are sheltered in with their spouse and are unable to seek help. One positive out of the pandemic is the ability to file an Order of Protection online in St. Louis County. This significant development provides court access to abuse victims, who may have unreliable transportation or may struggle to get enough time away from the other spouse without raising suspicion. For more information and to file an Order of Protection online, visit St. Louis County Courts.
Call a divorce attorney today
If you are planning on filing for divorce, or have filed, and need legal representation, call our office at 636-724-3355 for a free consultation. Speak with an experienced divorce lawyer today.