Whether your objective is to save money or help ease tension with your spouse, you might be considering the do-it-yourself approach for your uncontested divorce. But even if you feel that your divorce matter is easy enough for you to handle on your own, it doesn’t mean that you shouldn’t have counsel. There are many aspects of the divorce process that can be overwhelming. With limited scope representation, you can get the assistance you need for the specific issue you need help with — without incurring the expense associated with traditional representation.
Limited scope representation, also referred to as “unbundled legal services,” might be right for your uncontested divorce under the following circumstances:
Limited scope representation works very well in uncontested divorce matters since spouses agree on all or most of the issues that must be decided before a judge will sign the final decree. For instance, in an uncontested divorce case, you might only need assistance negotiating one minor issue — or require help putting the paperwork together. A limited scope attorney can offer advice to ensure you achieve a fair outcome, review your settlement agreement before it is submitted, and file your paperwork with the court.
Although your divorce might be uncontested, you may still need to negotiate a settlement. Negotiating is an art, and an attorney will know what strategies to use to achieve your goals. A limited scope representation attorney can communicate with your spouse’s counsel, take the emotional burden off your shoulders, and keep the negotiations focused on the matter at hand. Or you can have a strategy meeting with an attorney to understand what the variables are to negotiate with so you know what options you have, but you negotiate with your spouse instead of the attorney.
If you are handling your divorce yourself, you should never rely on boilerplate documents or standardized court forms. To avoid pitfalls, you should have an attorney draft any legal documents you need to file with the court. By having an attorney draft your paperwork, you can have peace of mind that it will be customized for your case — and prepared correctly. An attorney can also look over documents you have drafted yourself to make sure you haven’t overlooked anything important, and they are in the proper format. There are so many mistakes that could be avoided if you at least have an attorney review your self-help forms that you filled out before you submit them to court. Every attorney knows of cases that people did themselves that resulted in problems because the forms were incorrectly drafted.
Just because a divorce is uncontested doesn’t mean that there aren’t details that still need to be worked out. In these instances, mediation can be useful to help resolve any issues that must be determined. But while a mediator can help to facilitate healthy communication between spouses, they cannot provide legal advice. A limited scope representation attorney can attend a mediation session with you to protect your rights and provide you with the counsel you need to make informed decisions. Or they can refer you to a mediator.
One of the biggest advantages of using unbundled legal services is that you can better control your legal expenses. Rather than have an attorney handle your case from start to finish, with limited scope representation, you can specifically choose where your budget goes and how your legal fees are spent. You can also be more involved in your uncontested divorce case while having the support and guidance you need. Determine where you feel the least confident and get support there. Maybe it is just a matter of understanding the law or what your options are. Limited scope can be tailored to your needs.
Every divorce case is unique — and you need to be able to trust that your attorney is protecting your best interests. However, if you don’t agree with your attorney on a certain issue, it may be worthwhile to get another attorney’s point of view. A limited scope representation attorney can discuss your divorce matter, offer you their insight, and give you a second opinion, without you having to retain them to handle the entire case. Providing a full picture of the situation will allow an attorney to provide a good second opinion.
Legal research is complex. Attorneys go through several years of schooling to learn how to conduct legal research to achieve better outcomes for their clients. If you have a question regarding your case that requires research, or you need to find case law to support your position on a certain issue, an attorney will have access to research tools and know how to use them. They will also have a deep understanding of how to interpret statutes and case law in order to apply them to your specific situation.
If you are considering limited scope representation for your uncontested divorce, it’s essential to discuss your case with an experienced family law attorney who can provide the unbundled legal help you need. Located in St. Paul, The Law Shop Minnesota provides a broad scope of client services for matrimonial and family law matters, including uncontested divorce. We are available to meet in person or via Zoom, regardless of whether you are in Minnesota. We welcome you to contact us online for a consultation or by calling (651) 344-6100. If you are curious about Benefits of Unbundled Legal Services we recommend reading this blog.
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