what is the difference between filing for your own divorce or versus a lawyer

by Mrs. Stacy Dach I 10 min read

The difference is in the process. A dissolution requires you and your spouse to agree on everything before you file. With a divorce, a judge will make decisions for you if you cannot agree with your spouse.

Full Answer

What is the difference between a divorce and a legal separation?

Retainers range from $5,000 to $10,000 per person. So if you work with lawyers, right off the bat you're looking at spending a minimum of $10,000 to $20,000 for your divorce case. And everyone knows that's just the beginning. The cost of divorce only goes up from there, especially if there's disagreement on any of the issues.

How does a lawyer divorce work?

You'll need to decide whether: you can handle your own divorce case through a do-it-yourself (DIY) method. you want to try mediation (with or without an attorney) to resolve disputed issues, or. you need to hire an attorney to represent you through settlement and/or in court. There are a few factors to consider when deciding which divorce path ...

What is a divorce?

There are several differences between a divorce and a legal separation including: Marital Status: When a couple gets a legal separation, they are still considered married; in a divorce, the marriage is terminated. Tax implications: Because you to retain your marital status in a legal separation, you must continue to file your taxes as married.

Can you get a divorce without a lawyer?

How to handle a divorce case?

You'll need to decide whether: you can handle your own divorce case through a do-it-yourself (DIY) method. you want to try mediation (with or without an attorney) to resolve disputed issues, or. you need to hire an attorney to represent you through settlement and/or in court. There are a few factors to consider when deciding which divorce path is ...

Why does a divorce take longer to resolve?

Fault cases typically take longer to resolve in court because you have to provide admissible evidence and prove to a judge the misconduct occurred and that it caused the divorce.

What to do if your spouse is hiding assets?

Or, if you believe your spouse is actively hiding assets or wasting marital funds, you should contact an attorney to protect your interests.

What to do when your spouse is lawyered up?

Once your spouse has lawyered up, you need to hire an experienced attorney, who can explain your rights and responsibilities, use specialized knowledge to advocate on your behalf, and obtain the best possible result for you and your family.

What happens if one spouse uses marital funds to rack up gambling debt?

For example, if one spouse used marital funds to rack up gambling debt or to take trips and buy gifts for an adulterous affair, a judge will usually assign these debts to the "guilty" spouse and order that the "innocent" spouse be reimbursed. If you and your spouse have very little property or debt to divide or if you can agree on ...

What is collaborative divorce?

With collaborative divorce, you and your spouse must both hire attorneys who are specially trained in collaborative law, and you have to commit to avoiding court. This process can be expensive, so it's important to do some research and learn all you can about collaborative divorce before you choose this path.

When does alimony end?

It ends when the divorce case is completed and a judge issues another alimony order. Long-term or permanent alimony is reserved for long-term marriages, where one spouse has the financial ability to pay, and the other spouse has a low or no earning capacity.

Reasons for Choosing Legal Separation Instead of Divorce

Beside some of the benefits listed above, there are some other reasons why a separating couple may decide to file for legal separation instead of a divorce including:

What is the Difference Between a Legal Separation and a Trial Separation?

Some people are living separately for years, even decades, before they file for divorce. Some people live separately for the duration of their lives without filing for divorce with the court.

How do I Obtain a Legal Separation?

Not all states recognize legal separation, including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas. If you are considering a legal separation, you will need to find out what is permitted in your state.

What is the difference between divorce and separation?

The difference between separation and divorce is that legal separation provides both the parties to retain the right to marital property but divorce doesn’t. This means if you and your partner go for separation, each of you will have their rights preserved to property rights upon the death of the other.

What is legal separation?

By definition, legal separation is a court-issued order that allows spouses to live separately while still being married, i.e. without the legal finality that is said to be provided by divorce. Separation may also be called an alternative to divorce that continues to recognize one’s marriage as legal and valid.

Why is legal separation important?

Legal separation provides the retention of healthcare and other social security benefits such as retirement, unemployment insurance, pension insurance, etc. Social security is necessary particularly in the old age to avoid poverty and protect people belonging to the middle class from the ups and downs of the market.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

What are the benefits of an unhappy marriage?

Benefits such as healthcare. Property rights. Debts and liabilities. A chance of reconciliation. An unhappy marriage often makes people want to part their ways from their spouse. An unhappy marriage is one where a person may feel like all love is lost and neither of the partners feels loved or secured.

Who is Sylvia Smith?

Sylvia Smith Expert Blogger. Sylvia Smith loves to share insights on how couples can revitalize their love lives in and out of the bedroom. As a writer at Marriage.com, she is a big believer in living consciously and encourages couples to adopt this principle in their lives too.

Can you live separately in a divorce?

This is because unlike in divorce, your marriage is not yet terminated. You and your partner may live separately and may have child custody and child visitation orders issued by the court, however, the two of you are still husband and wife.