The Divorce Lawyer's Role in an Uncontested Divorce Case

So what does the lawyer actually do?

Fair question. In an uncontested divorce, you and your spouse have already done what is normally the expensive part - you've reached an agreement on everything. So what's left for the attorney? Quite a bit, actually, though it's a different job than the one most people picture when they hear "divorce lawyer." There's no arguing, no negotiating, and no pontificating in front of fireplaces. My job is to take the agreement you've already reached and turn it into a finalized divorce, quickly and correctly.

What I do

First, the paperwork. I prepare all of the pleadings your case requires - the Petition for Dissolution, the Settlement Agreement, the Parenting Plan and Form 14 if there are children, and the supporting filings - drafted to conform with both Missouri law and the local requirements of the court your case will be filed in. High-quality pleadings, prepared quickly and accurately, are the reason an uncontested case sails through the system while many pro se cases bounce back. Rough drafts are in your hands within two to three days, and revisions within 24 hours, at no charge.

Second, the procedure. Do you know how to set a case for an uncontested hearing, or which counties require one, or what a particular Judge wants filed before signing off? Probably not, nor should you. I file the case, track it, respond to anything the court raises, and see it through to the Judgment of Dissolution. Once your signed paperwork is filed, the case is out of your hands, and into mine - couldn't be easier.

Third, the answering of questions. If you email me, I'll email you back; if I miss your call, I'll call you back. Every single time, without exception. A divorce is stressful enough without wondering whether your attorney remembers your name.

What I don't do

Now the equally important half of the article. I represent one party in an uncontested divorce - my client - and not both spouses, no matter how amicable things are. Missouri ethics rules don't allow an attorney to represent both sides of a case, even a friendly one, and any attorney claiming to represent both of you is doing something wrong.

I also will not evaluate your agreement as to fairness. If you and your spouse have agreed that one of you keeps the house, the retirement, and the dog, I will prepare paperwork that says exactly that - accurately and without commentary. Whether a deal is a good deal is a question for you, and, if you want an opinion on it, for a traditional attorney conducting a traditional review at a traditional price. This is the honest trade at the center of the flat fee: I facilitate the divorce you've agreed to; I don't advise you on what to agree to.

And I don't do contested work. If your spouse won't sign, or the agreement falls apart, I tell clients straight up - do not waste your money on me. An uncontested divorce attorney with a contested case is like a mechanic with a patient: enthusiasm is no substitute for being the right professional for the job.

Why the distinction matters

The narrow role is the whole reason the fee is $850 to $1,050 or so instead of a several-thousand-dollar retainer. Because I'm not billing hours to negotiation, discovery, and court appearances, the fee can be flat, quoted down to the dollar, and paid once. You bring the agreement; I bring the 5,000-and-counting cases' worth of experience in papering it correctly. It's a good trade for everyone involved.

Thank you for reading. Please feel free to contact me for more information.