Amicable & Uncontested Divorce
When Litigation Is Not the Best Option
At Archer Swearingen, we understand that when amicable communication has become difficult or the parties disagree on how to divide the marital property, the parties often are better served by having separate attorneys; however, in many instances, the parties have simply grown apart, do not wish to create hostilities, nor spend thousands on divorce attorneys. Furthermore, the parties are in agreement on how they wish to divide their property, and if children are involved, have agreed on how they will handle custody and visitation. For these cases, we offer amicable and uncontested divorce services. Although our firm may represent only one party in the legal sense, if the “client” provides us with permission to work with his or her spouse while drafting a Settlement Agreement, we may suggest alternative ways to split the marital property when it benefits both parties.
An Uncontested divorce has tremendous upside – lower legal fees, a more collaborative atmosphere as the case proceeds, and the prospect that following the divorce the parties will be in a better position to be amicable toward one another going forward. The potential downside is that if the case becomes contested (one party decides not to sign the Settlement Agreement), we as a firm may need to withdraw from the engagement depending on what information the non-client has shared with us. We believe it would be unethical for our firm to take a position against someone if that person shared adverse information with us while under the impression that the parties had reached an agreement. This is a very important concept for the client to understand and one we will discuss with you during your initial consultation.