If you`ve decided to end your marriage with your partner, one of the first things that will come to your mind is whether you need a divorce lawyer. The answer to this question is not clear-cut and will depend on your situation. As a rule of thumb, if you lessen your dependence on the courts to resolve your issues, you`ll likely have a smooth sailing divorce. But much like when you get into an unfortunate accident, you can ask essential questions to your lawyer such as `how much time do you have to seek damages after a car accident?` You`ll know about all the options you have available to fast-track the process or even get a better settlement. This blog has all the information you’ll need to decide between going through this alone or getting a divorce lawyer when getting divorced.
Making Decisions Independently
In some cases, two parties can cooperate to solve legal problems, so they won`t need a lawyer to process their divorce. Some of these issues may involve:
- Custody for minor children
- Child support
- Division of property and assets
- Alimony
Also, working together with your partner throughout the process can present some benefits, such as:
- You`ll have more say in critical issues usually raised during the divorce instead of letting the court resolve them.
- You`ll save more money and time since you won`t need to hire a divorce lawyer for every facet of your separation.
- Your children wouldn`t experience much trouble during the whole process.
If you and your partner agree on more pressing issues causing your separation, you can typically ask the court to grant a divorce in writing. This is more popularly known as an uncontested divorce.
The process can also be different depending on which state you live in. Some areas allow both parties to be absent from the court in finalizing the process as long as they prove that their divorce is uncontested. They also need to ensure that you`ve already ironed out all issues. But several states compel you to appear in court hearings, especially if you have minor children.
Do You Need A Lawyer For Uncontested Divorce?
If you`ve already resolved all issues with your partner, you`ll be eligible to file for an uncontested divorce without needing the assistance of a lawyer. But it`s usually better to at least seek the advice of an attorney to go through your agreement if you’ve filed for an uncontested divorce. By availing of their services, you`ll be sure that your interests and rights are secure. They`ll also advise you about the best time to file your divorce to achieve a better transition.
They can also guarantee that the court will acknowledge your agreement. Moreover, they can foresee significant problems that may arise during the proceedings.
Divorce Lawyers Can Help Keep The Tension Low
By their very nature, most divorces are often filled with drama and anguish. So, if you decide to avail yourself of the services offered by a divorce lawyer, you need to choose carefully and hire one who’s perfect for your situation. Whether you need an attorney who can go against your partner in court or one who will help get the best deal for both parties, they can help make the whole process easier for you.
Make sure to ask several questions to your prospective lawyer during your consultations like:
- Would they be willing to support a decision that aims to settle outside of court?
- Does your attorney have experience in resolving even the smallest and insignificant problems during court hearings?
- Do they favor collaboration instead of going all out in court?
Lawyers are expected to be passionate about the best interest of their clients, so you need to lay out your concerns right from the beginning.
When You Need A Divorce Lawyer
There are some cases when seeking a divorce lawyer to assist you makes the most sense. In these situations, not hiring a lawyer is comparable to not consulting a lawyer after a car accident—it`s that serious. So, you should hire an attorney if:
- You went through any kind of abuse.
- You think that your partner has been untruthful about some issues or is being spiteful.
- Your partner has hired a lawyer.
- Your separation involves minor children, and you need to resolve financial problems.
Also, if you can`t afford to hire a lawyer to help in your divorce, you should seek the assistance of your local legal aid office or bar association. By doing so, you may be able to avail of free or discounted costs on legal representation. But if you don`t qualify, you can still ask for advice from an attorney to guide you through the whole process.
Conclusion: Do You Need A Divorce Lawyer?
If you`ve finished reading this article but still have second thoughts about whether you need a divorce lawyer or not, the best answer might be yes. Going through a divorce places many important matters at stake, especially if your children are involved, so a lawyer will help you know more about the process by answering your questions. These topics might include child support, division of property, and more.
Also, you should start the separation process by at least calling a reputable divorce lawyer. By doing so, you`ll be able to decide if you need them to represent you in court or if you only need legal advice.
