No one ever wants to go through a divorce. But unfortunately, marriages don’t always work out. That’s why you should be prepared for the possibility of going through a divorce. Asking yourself whether you need a divorce lawyer can save you from loads of stress down the road. If legal details, such as alimony, custody, and child support are involved, contacting a divorce lawyer is your best option to ensure you receive the most favorable outcome. In fact, it might be the only way to avoid some of the more damaging aspects of divorce.
Ensuring yours, your spouse’s, and your children’s lives aren’t torn apart because of divorce is the most important aspect of an attorney’s profession. But there are some instances when you might not need a divorce attorney. This article discusses those instances in more detail so you can make an informed decision if the time ever comes.
When Do You Need a Divorce Lawyer
Certain situations call for divorce lawyers and you should hire one if you find yourself in one of them. For example, if you experience abuse, think your spouse is lying about financial issues or aspects that could negatively affect your lifestyle or income, your spouse has hired an attorney, or your divorce involves complex custody issues.
If you’re not financially stable enough to hire a divorce lawyer, you can contact a local lawyer office or the bar association. You might be able to qualify for reduced costs on your legal representation and if you do not qualify, you might still be able to ask questions to your attorney throughout your divorce proceedings.
Fearing Violence
If you face domestic violence, you should immediately get yourself to a safe place and talk to your lawyer. Anyone facing domestic violence during divorce should discuss their options with a divorce lawyer. You can potentially file a temporary restraining order against your spouse to protect your children.
You May Not Need a Divorce Attorney
Finding yourself in a domestic violence situation is the worst case scenario you can face when going through a divorce. Hopefully, you and your spouse will be able to reach an agreement that lets you solve your legal issues without consulting attorneys. No one should have to go through the emotional toll that a divorce trial places on one’s shoulders. For example, divorce trials force each party to argue about such issues as child custody, child support, alimony, and division of property.
Working together with your spouse throughout the divorce process will have the following advantages:
- A more amicable process that keeps vital issues under control instead of leaving them up to the court.
- Saved time and money from not having to hire a divorce lawyer for all aspects of your divorce.
- Children going through a divorce often have a smoother transition than their parents.
- If you and your spouse can come to terms regarding the larger issues in your divorce, you will likely be able to ask the court to grant you a divorce in writing. If you are able to do this, you have accomplished an uncontested divorce, which is the most ideal turnout for a divorce.
In some states, you might not even have to appear in court to finalize your divorce. If you can show the divorce is uncontested and you have agreed upon all of the important legalities, they will grant you an uncontested divorce outright.
Will One of You Cite Fault In the Case?
One of the most important questions you need to ask yourself when deciding whether or not to hire a divorce attorney is whether your partner will try to cite fault in your divorce. All states allow spouses to file for a divorce on a no-fault ground, which doesn’t assign legal fault to anyone. Spouses can cite irreconcilable differences as the grounds for terminating their marriage.
However, in some states, spouses can file for a fault-based divorce, which means the court will determine which spouse engaged in misconduct to terminate the marriage These terms vary from state to state but the most common grounds for at-fault marriages are adultery, abandonment, abuse, and drug or alcohol addiction. Fault cases typically take longer to resolve in court and you should consult an attorney if you are involved in one.
Do You and Your Spouse Have Children Together and Agree On Custody and Child Support?
Divorcing parents with children under 18 must make decisions about child legal and physical child custody. Legal custody describes the right to make decisions about the child’s rearing. Physical custody decides where the child will live and whether both parents will spend equal amounts of time with the child or parent.
Parents should agree on child support issues such as who will pay, what the amount will be, and how often they will have to make payments. When parents can’t agree on these issues they will have to take it to mediation or they will wind up in court asking a judge to decide.
Deciding Whether to DIY
If your divorce is simple and your spouse doesn’t have any substantial assets DIY is more feasible. If you and your spouse don’t disagree about most of your divorce-related issues, mediation might be the best option. It can even work if divorcing spouses clash on meaningful issues. Collaborative divorce describes a process where you and your spouse hire attorneys specially trained in collaborative law. However, if you’re uncertain about which course to take in a divorce case, it’s always better to consult an attorney.
Reasons Why You Should Get an Attorney for Your Divorce
Expert Advice
Experienced attorneys help people make clear legal decisions. State laws do not necessarily support splitting your assets depending on the situation. However, in many cases, spouses might be entitled to retirement or other income that the spouse receives in the future. If your marriage has complicated issues such as this, an attorney is your best option.
Reduce Stress
Divorce is one of the most stressful life events that you can endure. Hiring an attorney will relieve some of that stress. They will be able to gather and organize information and walk you through the process. You can take time to heal throughout the trying time.
Avoid Mistakes
It’s easy to make legal or personal mistakes throughout the trying time a divorce causes. For example, you might forget to address an issue with your credit or debit card. You can underestimate or overestimate the value of an asset. There is no shortage of mistakes that you can make throughout proceedings and it’s beneficial to have an attorney by your side to ensure you don’t make mistakes.
Clear and Binding Agreement
Courts will review your divorce documents but the court may not understand your point of view on the divorce. Divorce lawyers are trained in the art of rhetoric and persuasion and will be able to create a clear, concise argument that brings all of the fats to the table. You might think that your point of view is surely the correct one. But with so many legal factors, it can be difficult to decide what to leave in and what to leave out of your formal argument. Lawyers will simplify this for you.
Avoiding Delays
Though a person may use court provisioned documents to file for divorce, you can still experience issues with completing the proper forms and providing thorough enough information and documentation. Not filing correctly can result in legal action and filing late can have legal repercussions as well. Hiring an attorney ensures you stay on top of all of your deadlines so you don’t worry about things slipping through the cracks.
