why do you meed a lawyer to get divorced

Full Answer

Do I need a lawyer to get a divorce?

Although most states don't require you to hire a lawyer, sometimes it might be the best way to protect your interests in a divorce. Negotiate Your Divorce, Without an Attorney Although divorce is one of the most complex and emotional legal processes in family law, not all couples require in-depth court assistance to end their marriage.

Should I handle my own divorce case?

While handling your own case might seem like a great way to save time and money, unless you happen to be a divorce lawyer yourself, you probably have NO idea how the divorce system works. That’s a problem. No matter how smart or educated you are, the divorce system is unlike anything you’ve likely experienced before.

Do I need a divorce lawyer for my retirement plan?

If you care at all about having enough money to retire someday, you need to consult with a divorce lawyer (and maybe a divorce financial planner) about what will happen to your retirement, and your spouse’s retirement, when you divorce. Retirement plans can be simple or they can be extremely complicated.

Should I get a lawyer to review my divorce settlement?

Another thing to consider is hiring a consulting attorney, who can simply perform a review of your proposed divorce settlement before you sign it. It's important to understand that when you agree to the terms of the divorce, and a judge signs your judgment, you will be bound by that agreement and court order.

The Steps, One by One

Do your research, ask around, and interview the right attorney for the job. Consultation appointments are usually complimentary, so take your time and find the right fit. Read reviews, talk to friends and colleagues you trust, and shop around. Make an appointment for a consultation. Go and take notes.

The Retainer

And when you decide that you need a lawyer, pay the retainer. The retainer is a lump sum the attorney requests up front in order to cover the initial expenses. A retainer is negotiable and fully refundable. Retainers vary based on individual lawyers, cities, counties, and often states.

Trust Yourself

Above and beyond all, trust that you’re making the right decision. It’s the right move in the direction you want to go, so even though you’re afraid, you’re going to be okay. It’s going to be okay. It’s this person’s job to look out for you.

What happens if you don't understand a divorce agreement?

If you think you entered into a bad deal or agreed to something you didn't understand, your only recourse will be to go back to court to try and change your final order. But undoing a divorce agreement is difficult and generally only allowed under very limited circumstances.

What to do when you get divorced and a judge signs your judgment?

It's important to understand that when you agree to the terms of the divorce, and a judge signs your judgment, you will be bound by that agreement and court order.

What to do if you fear your spouse will harm you?

If you fear that your spouse will harm you or your children, get help. You may need to move to a safe location without disclosing it to your spouse. If necessary, ask your attorney for a restraining order against your spouse, which will prevent the abuser from coming near you or contacting you.

What is collaborative divorce?

In collaborative practice, both sides agree to share information voluntarily and work towards a settlement. In order to use this process, your spouse will need to agree to a collaborative divorce and hire a collaborative lawyer as well.

What to talk about when you divorce your spouse?

When you and your spouse decide to divorce, if you can communicate, try to talk about each of your ideal outcomes for child custody, visitation, child support, property division, and alimony.

Is divorce pleasant?

Do yourself a favor, hire an attorney and level the playing field. Although no divorce is pleasant, some are outright unbearable, especially if the other party in your case is hiding assets, destroying property, wasting marital funds, or threatening you with physical or financial ruin for filing for divorce.

Do all family law attorneys have free services?

Although not all attorneys have the resources to provide free services, some may offer lower prices or payment plans. Finally, some family law courthouses offer clinics or volunteer legal staff who can point you to the right paperwork, review settlement agreements, and even assist in filling out paperwork.