UNCONTESTED DIVORCE PROCEEDING BENEFIT

 

Who is Eligible?

 

Any covered member is entitled to this benefit.

 

What is the Benefit?

 

Divorce proceedings may be categorized as uncontested orcontested. The Legal Services Fund provides coverage forall steps of the legal process in uncontested divorce proceedings.

STEPS IN THE LEGAL PROCESS PROVIDED BY THE FUND THROUGH AMOUNT PAID THE PANEL LAW FIRM BY FUND MEMBER

A. The member is entitled to ten hours of legalrepresentation, at no cost to the member, in negotiating a divorce settlement until litigation must commence in instances where the panel attorney determines that litigation is necessary in order to maintain, defend, advance or assert the memberʼs interest. (See “B” below) A divorce action will be initiated when:

1. The member and spouse have agreed upon an uncontested divorce and no stipulation of settlement is required; or
2. The member and spouse had previously signed a separation agreement or stipulation of settlement and have agreed upon an uncontested divorce; or
3. The member requests representation in negotiating a stipulation of settlement (equitable distribution, child support, custody, visitation and maintenance, e.g.) and the spouse has retained an attorney. A stipulation of settlement is negotiated and executed, grounds are agreed upon and the spouse signs an affidavit agreeing upon the grounds for divorce.........................$60.00

B. The member may (in addition to “A” above) retain the services of the panel law firm after the first ten hours of legal representation or once litigation is necessary to commence, subject to a written agreement of retention. The panel law firm has agreed to provide said representation with a 25% reduction in its hourly rate, which hourly rate has been established as $300.00 for calendar year 2004.

 

How is the Uncontested Divorce Benefit Obtained?

 

To obtain the Uncontested Divorce Benefit, simply contact your Local Organization to request an appointment. At the time of appointment, you and the attorney from the panel law firm will complete the appropriate forms.