what if spouse doesn't have lawyer for divorce

What If My Spouse Doesn't Hire A Lawyer For The Divorce?

• It will probably take longer. Just because divorce forms are readily available, doesn't mean they are easy to understand...
• It could mean more work fixing mistakes. If your spouse does not understand something he or she will have nobody to turn...
• Your attorney and the judge cannot help. Time and again, our office...

Full Answer

Do I need a divorce attorney if my spouse has one?

You don’t need to hire an attorney simply because your spouse has one. However, in certain complex divorce cases, you’d be wise to seek legal counsel. Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it.

Why doesn’t my Ex have a divorce lawyer?

Whether you’re the one who filed or your spouse took the first steps toward dissolving your marriage, you might be a bit surprised to find out that your ex hasn’t hired a divorce lawyer. Maybe it’s because he or she can’t afford it; perhaps there are personal reasons. Either way, if your ex doesn’t have an attorney, how does it all work?

Can I represent myself in a divorce without a lawyer?

Yet, some people choose to represent themselves in a divorce even when a spouse has hired a lawyer. You don’t need to hire an attorney simply because your spouse has one.

Do I need a lawyer for a high-asset divorce?

It’s wise to get your own lawyer if you have a high-asset divorce or complex finances. An experienced attorney will request documents and do the research necessary to get an accurate picture of your spouse’s finances. Ultimately, that information can lead to a fairer division of assets.

Can I divorce my husband without him knowing?

Now, though, it's possible to file for divorce even when you don't know where your spouse is. The only catch is that you can't get a divorce without at least attempting to formally notify your spouse about the proceedings.

What happens when one spouse doesn't want a divorce?

If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate. Collaborative divorce won't work. You will have to litigate your divorce.

Does it make a difference who files for divorce first?

Filing for divorce first does not give you any inherent rights over your spouse. One benefit is that if the specific facts of your case warrant, you could have a choice of which county—and sometimes which state — to file the paperwork in. To be clear, you cannot just file in any ol' location.

Can you divorce without the other person signing?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

What happens if your spouse is a mess?

If you’re dealing with a spouse whose life is a mess, he or she is being irrational, uncooperative, angry and spiteful you and your attorney will just have to plow through the legal process. Filings will be made, there may be court appearances, and there may be hearings.

Can an attorney represent my spouse?

Your attorney can’t represent your spouse too , any cannot give your spouse any legal advice. If the situation has reached the point where communication and cooperation have broken down, your spouse has managed to file what needs to be filed and has met deadlines, the lack of an attorney could be a disadvantage.

Can a spouse file for divorce if they miss deadlines?

In a contested case, with technical issues like what needs to be filed and when, it may help you if your spouse misses deadlines and doesn’t make proper filings. If you and your spouse want an amicable, non-confrontational divorce his or her lack of an attorney may not be a problem.

What happens if your spouse doesn't understand your agreement?

If your spouse does not understand something he or she will have nobody to turn to for legal counsel besides free resources, which often lead to misunderstandings and more work for your lawyer and yourself . Additionally, if your spouse wishes to make changes to any of your proposed agreements, he or she may have a more difficult time communicating those alterations effectively .

Why does it take so long for a divorce to be signed?

Because of this, paperwork filing and document signing can sometimes take longer as your spouse attempts to interpret the legal documents independently.

Can my spouse speak for me in court?

In court, your attorney will speak for you, while your spouse speaks for himself/herself. Your lawyer will prepare you for court, telling you what to expect and when you will be asked to speak, which will only happen if the judge asks you a direct question. Your spouse, however, will not receive the same preparation and will act as their own spokesperson throughout the entirety of the process.

It could mean more work fixing mistakes

It could mean more work fixing mistakes. If your spouse does not understand something he or she will have nobody to turn to for legal counsel besides free resources. This can often lead to misunderstandings about the law and the procedure in a Las Vegas Divorce. Usually, this means more work for you and your lawyer.

Your attorney and the judge cannot help

Your attorney and the judge cannot help. Time and again, our office appears in Court against parties representing themselves. Many times these parties will try to ask us, or even ask the judge, for legal advice. It is important to remember that your lawyer is YOUR DIVORCE LAWYER.

Court appearances can be frustrating

If you or someone you know is going through a Las Vegas Divorce, call our office today at (702) 433-2889 or fill out our on-line form for more information. We have over fifteen years of combined experience in handling family law matters and we have resolved over 2,000 family court cases. We can help.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I share my divorce attorney with my spouse?

Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

How to Tell Your Husband You Want a Divorce

Be strategic and tell your husband you want a divorce. Be prepared if the conversation gets emotional.

My Husband Will Not Participate in the Divorce

A person has the right to not participate in a divorce process. However, if he refuses to divorce, you can still divorce him without his participation.

Pieces of Advice

Divorce can come with a lot of emotions, especially negative ones. Here are a few pieces of advice to navigate the difficult process:

Do I Need to Hire a Lawyer?

If a married couple has children, then they will need a lawyer. Some states may provide legal assistance. If there are no children, a wife may not need a lawyer to get a divorce. However, it is recommended to obtain a lawyer to ensure the process goes smoothly.

Contact Us

If you or a loved one would like to know more about what to do if your want a divorce and your partner doesn’t get your free consultation with one of our divorce attorneys today!