why do you need a lawyer to get divorced

Here's why.

1. You are unfamiliar with matrimonial law and/or family court. In court, self-represented litigants are not given any...
2. You need objective advice at this emotional time. Divorce is an extremely emotional time for both spouses. You may...
3. A divorce lawyer can suggest options you didn’t even know existed. A family lawyer can evaluate your situation and...

Full Answer

Do I really need to hire a divorce lawyer?

No, you don’t need to hire an attorney to get a divorce. You do have the right to represent yourself. You do have the right to represent yourself. It’s called a Pro Se (on your own behalf) divorce, it’s a matter of completing all the required paperwork, paying the filing fee or asking for a fee waiver so you don’t pay the court costs such as filling and process of services, all of which you can do yourself.

What does it take to become a divorce lawyer?

Becoming a divorce lawyer takes seven years of formal higher education, including a four-year bachelor’s degree and a three-year law degree. Read on to learn more about required education, skills and career statistics. Is becoming a lawyer difficult? 1. The challenging years of law school. The process of becoming a lawyer isn’t for the ...

Do you really need a lawyer in divorce court?

If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce without the help of a lawyer. However, it is always advisable to at least have a lawyer look through your agreement in an uncontested divorce to make sure that your rights and interests are protected.

What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

More items...

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Keep Divorce Lawyers from Fanning The Flames

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How Collaborative Practice Works

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When to Hire A Divorce Lawyer

It makes a lot of sense to hire a lawyer if there is a real problem with abuse - spousal, child, sexual or substance abuse. In these situations, it...

Why should I hire an attorney for divorce?

For example, if there is child custody and support issues, substantial income, debts, assets or future assets (an inheritance, etc.) then you should hire an attorney to protect your interests in a divorce.

What can an experienced attorney do during a divorce?

Expert Advice. Advertisement. An experienced attorney can help a person to make certain to receive everything that he or she deserves during a divorce. State laws do not necessarily support an even split of assets depending on the couple's situation.

How to reduce stress in divorce?

Reduce Stress. Divorce is a stressful time for everyone involved. Hiring an attorney to complete a divorce is one way to reduce the stress of the divorce. While the attorney will need to gather information from you, he or she will take care of almost everything else, allowing you more time to take care of yourself and your family.

Why do people make mistakes in divorce?

If you simply forget to address an issue such as medical or credit card debt or if you underestimate or overestimate the value of an asset, you can make a significant mistake in a divorce proceeding. Such a mistake may cause financial harm or will require future legal proceedings to correct. By hiring an attorney, you can rest assured that you case is being properly handled the first time and that you are avoiding costly mistakes that you might regret for the rest of your life.

What happens if you make a mistake in a lawsuit?

Such a mistake may cause financial harm or will require future legal proceedings to correct. By hiring an attorney, you can rest assured that you case is being properly handled the first time and that you are avoiding costly mistakes that you might regret for the rest of your life.

Can I file for divorce on my own?

If you are seeking a divorce, you may be tempted to file for divorce on your own using court provided documents or information from a book or website. While a do-it-yourself divorce may be acceptable in some situations, most people should consider hiring an attorney to represent their interests. Here are five reasons that a person should consider ...

Can a divorce decree be enforceable without an attorney?

By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce.

The Dangers of Getting a Divorce Without a Lawyer

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.

But My Divorce is Going to Be Amicable!

It’s easy to think that, if you want to divorce amicably, you don’t need a lawyer. But, even getting an amicable divorce is not nearly as easy as it may seem.

10 Questions to Figure Out Whether You Need a Divorce Lawyer

If you have children, you are going to need a parenting plan and a parenting schedule. You will have to determine who will have legal custody of your children.

So, Should YOU Get a Divorce Without a Lawyer?

No sane person wants to spend their life’s savings on a divorce lawyer. But, unless you have a fairly simple divorce, and it is totally amicable, “going it alone,” can end up costing you way more than anything you would have spent on a divorce lawyer.

What to do before divorce without a lawyer?

Besides, there are some measures that are needed to be fully considered before taking a divorce without a lawyer like, talk with your spouse about any future problems that might incur related to your marriage, what to do in case one of the partners decides to marry someone else.

When do you need a lawyer?

When can a lawyer be needed? In most cases, a lawyer is involved when the couple has children so that a mutual agreement could be made between both the partners. Moreover, when there are shared marital assets to be divided, then a legal process is mandatory to make sure that each partner gets an equal and fair share.

What is required for a divorce to be completed?

Further, for a divorce proceeding to be completed, a lot of paperwork is required by both the partners. This can be perfectly done with the guidance of a lawyer. There are so many things that you may not know, but a lawyer does.

Can you get divorced if you have not been married for a long time?

So, there is nothing to be divided amongst the partners that are filing for the divorce. Also, you can go for an easy divorce when it has not been very long since you got married.

What does a divorce lawyer do?

A divorce lawyer can help you focus on the “Big Picture”. While you may be solely focused on “winning” the case, a family lawyer will concentrate on creating the best deal possible – which may mean helping you to compromise on some issues so that you can get more of your “must haves.”.

What is a good deal in divorce?

In divorce, a good deal is one where both sides gave up some of what they had hoped to gain, but both can live with the settlement – literally. Family lawyers represent individuals with finite resources, not big corporations who have unlimited money to throw at a case, so they know cost is important.

What does it feel like to go through a divorce?

Going through a divorce can feel like being buried alive under a mountain of paperwork to be filled out and filed with the court. Knowing which forms you’ll need for your unique situation can be challenging, and collecting all the information to complete them can be both difficult and tedious.

What are the emotions of divorce?

Divorce is an extremely emotional time for both spouses. You may experience feelings of sadness, betrayal, fear, depression, rage, confusion, and resignation – sometimes all on the same day!

What to do if you take your case to court?

A family lawyer can evaluate your situation and let you know the likely outcome if you take your case to court. Based on their experience with the judge and similar cases to yours, they’ll be able to offer a variety of legally-acceptable options to settle your case. If you and your spouse represent yourselves, you may agree on items that the judge will reject; when that happens, you’re causing more work and more delay for yourself, your spouse, the judge, and the court system. A lawyer will help you create a reasonable settlement proposal; if the proposal is coming from the other side, your lawyer will let you know whether to settle, make a counter-proposal, or fight it out in court.

What does a lawyer do?

A lawyer will help you create a reasonable settlement proposal; if the proposal is coming from the other side, your lawyer will let you know whether to settle, make a counter-proposal, or fight it out in court. 4. One word: paperwork.

Is divorce a complicated process?

However, most people find divorce to be a complicated and confusing process, and they’re grateful to have an experienced family lawyer to help guide them through it. You’ll need to make a lot of decisions that will affect the rest of your life – at a time when emotions may overwhelm your ability to think clearly.

What is an uncontested divorce?

Uncontested divorce, also called “simple agreed divorce” or “amicable divorce,” is a streamlined approach to the typical divorce proceeding, meant for divorcing couples who can amicably resolve the divorce and do not need to go to court.

Who is the attorney for child custody in Texas?

If you’re facing child custody, divorce, or other family law issues in Texas, get legal help protecting your rights by contacting the talented, compassionate, and experienced Houston family law attorney Maria S. Lowry at 713-850-8859.

Can a Houston divorce lawyer help you?

However, there are still legal hoops to jump through, and, often, disputes and complications arise. An experienced Houston divorce lawyer can help you protect your finances, your rights, and your property, even if you are seeking an uncontested divorce.

Can you have a third party handle a divorce?

First of all, if you are hoping for an uncontested divorce but you and your spouse still have specific issues to work out (property division, for example), it can be helpful to have third parties handle those negotiations.

Is it easier to divorce your spouse?

There are, thankfully, routes to streamline the divorce process to a certain extent. If you and your spouse agree that divorce is the best option and can work to approach the related issues with an open mind, the process will be much easier.

Do you have to appear in person for an uncontested divorce?

Moreover, uncontested divorce still requires filling out a series of legal forms, collecting documents regarding your finances and property, and filing the appropriate documents in the appropriate courts. You may still have to appear in person to provide the court some basic testimony before the court will agree to the divorce.

Can I file for divorce without an attorney?

Can I go through an uncontested divorce without an attorney? The short answer is: Yes. You do not need an attorney , by law, to file for uncontested divorce, and you can go through the process yourself. However, there may still be reasons why you want to have a lawyer on your side throughout the process. First of all, if you are hoping ...

Why is divorce contested?

Another reason a divorce may be contested is because one spouse wants to prove fault grounds for the divorce. Most divorces are no-fault; you don’t have to explain the reason for your divorce. But a fault divorce occurs when one spouse proves that the marriage fell apart because of the actions of the other spouse.

What to do if your spouse is resisting divorce?

Maybe one spouse is resisting divorce completely and refuses to discuss terms. A contested divorce involves negotiations between you and your spouse. You may even have to present your cases in front of a judge. If you and your spouse are getting a contested divorce, you should hire a divorce lawyer. A lawyer will know what your rights are in your ...

What to do if your spouse is proving fault?

If you or your spouse intends to prove fault grounds, you should get a lawyer. Your lawyer can help you support your claim with evidence if you are proving fault grounds. If your spouse wants to establish that the divorce is your fault, a lawyer can help you defend against their claim.

What to do if you don't have a good relationship with your spouse?

In addition, if you and your spouse do not have a good relationship and you think there is a possibility that an uncontested divorce can quickly develop into a series of difficult issues, it is a good idea to talk to an attorney.

Can my spouse hire an attorney?

Your spouse has hired an attorney. If your spouse hires an attorney, you should also seriously consider hiring an attorney to avoid any disadvantage. In addition, if you and your spouse do not have a good relationship and you think there is ...

The Role of a Divorce Mediator

The role of a divorce mediator is to help you and your spouse reach an agreement.

The Role of a Divorce Lawyer

The role of a lawyer in the divorce mediation process is to be your adviser and your advocate. Unlike a mediator, your lawyer is not neutral or independent. Your lawyer represents you.

How The Divorce Mediation Process Works

During the divorce mediation process, you and your spouse meet in the mediator’s office and discuss your divorce. The mediator will probably want to know what you and your spouse each need and want in your divorce.

Why You Need a Mediator and a Lawyer

Because a lawyer and a mediator serve very different roles, to mediate your divorce effectively, you need both a mediator and a lawyer.

Should You Ditch Mediation and Just Let Your Lawyer Settle Your Case?

Letting your lawyer negotiate your divorce is incredibly expensive. Every time your lawyer picks up the phone, or reads an email, or writes a settlement proposal, you pay for his/her time. Since few cases settle after a single round of negotiations, your legal fees will quickly start to skyrocket.

Hiring a Divorce Mediator and a Divorce Lawyer

All in all, while hiring a mediator and a lawyer might not be what you ever wanted to do, chances are that getting divorced is something you never thought you would do either.

How does a divorce work?

In an uncontested divorce, the spouses can divide their property and assets at their own discretion by putting the agreed-upon terms into a settlement agreement. The judge will review the agreement and will typically approve the agreement, and the divorce, if it’s fair and does not violate case law.

How much does an attorney charge for a divorce?

In contrast, for an uncontested divorce, attorney fees average between $1,000 - $1,500 per case. Moreover, an amicable divorce process can be handled without a lawyer at all.

What can a court order if a spouse cannot agree to a divorce?

Specifically, if spouses cannot reach an agreement, the court can make orders on property division, child custody, spousal support, child support, and attorneys fees. To start a divorce case, the filing spouse will file a divorce petition or complaint with the court.

What is the difference between contested and uncontested divorce?

As discussed above, an uncontested divorce is one where the spouses agree on the terms or issues involved in their case, and present the terms to the court in a settlement agreement for its approval.

Why do divorce cases have more forms?

Contested cases usually have more forms because the spouses will most likely be going to court for hearings or a trial. The package of forms that a couple will need to file to get a divorce depends on many things, including: the state/county of residence; the type of service used for the court papers;

How old do you have to be to file for divorce?

Service rules vary, but service can usually be done by a process server or by someone who is not involved in the case, over the age of 21. Some states allow the spouses to file for divorce jointly as co-petitioners so that they can skip the "service of process" stage to get an uncontested divorce.

What percentage of divorces are settled out of court?

What is an Uncontested Divorce. According to statistics, about 95 percent of all divorce cases in the US are now settled out-of-court. However, the definition of the term "uncontested divorce" is still not fully understood.