why see a divorce lawyer

by April McKenzie Jr. 8 min read

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.

Talking to a Lawyer Can Help You Protect Your Rights Moving Forward. The main reason for speaking to an attorney as soon as you recognize that your marriage may be in trouble is that it can help protect your rights should you ultimately decide to get a divorce.Sep 12, 2016

Full Answer

Do I need a lawyer for my divorce?

A divorce lawyer can also advise you on how best to protect your rights and interests, especially if you and your spouse don't agree about how to resolve your divorce settlement. When should you talk to a divorce lawyer? You want to get divorced. You think you want to get divorced, but want to know what your options are. You have been served with divorce papers. Your spouse is …

Should I get a lawyer to review my divorce settlement?

Sep 17, 2013 · 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.

Should I hire a divorce lawyer or a mediator?

Nov 04, 2020 · 3. Your Divorce Lawyer Can Help You Understand Your Rights. To achieve the best outcome in a divorce proceeding, you must understand your rights. Knowing your rights will help you avoid mistakes that could hurt your position, such as abandoning your home. It can also dispel fears that are holding you back, such as the fear of losing your kids ...

Can I represent myself in a divorce without an attorney?

Nov 19, 2020 · One of the prime benefits of hiring a divorce lawyer is that it can protect you from making mistakes you'll have to live with for the rest of your life; it also levels the playing field if your spouse hires one. Hiring a divorce lawyer is crucial when going through the divorce process. Regardless of whether the marriage is being dissolved ...

image

Make Divorce Decisions by Yourselves

In theory, at least, it's simple: It's usually best if you and your spouse can work out thorny issues together, perhaps with help from a neutral th...

Keep Divorce Lawyers from Fanning The Flames

When you're emotionally distraught or angry, turning all the details and hassle of a divorce over to a divorce lawyer may seem like a perfect solut...

How Collaborative Practice Works

Some family lawyers are trying a relatively new divorce method called "collaborative practice," in which the clients and lawyers agree that they wi...

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.

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.

What happens if you forget to address an issue in a 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.

Can a divorce decree be reviewed?

Though a court will review any divorce documents that you present, the court may not understand what you are trying to do on each point of the divorce. This may result in a divorce decree that states something other than what you intended. 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.

Can I file for divorce without legal counsel?

Though a person may use court provided documents to file for divorce, there can still be problems with completing the proper forms and providing adequate information and documentation. A person who goes to court without legal counsel may find that problems with the paperwork or other issues may result in a delay in the court's ruling. This may substantially delay the date that the divorce is final. By hiring an attorney, a person can avoid paperwork or other problems that could cause a delay and get the divorce completed as quickly as possible.

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 ...

2. A Solution-Oriented Divorce Lawyer Can Help You Avoid Costly Legal Battles

I have a surprise for you. Contrary to what you might have heard, there are no winners in a legal battle. Legal battles are costly, both in financial and human terms. Legal fees quickly add up, and the money you need to get your life back on track or send your kids to college can easily go to paying the divorce lawyers.

3. Your Divorce Lawyer Can Help You Understand Your Rights

To achieve the best outcome in a divorce proceeding, you must understand your rights.

Get the Ball Rolling: Schedule a Consultation ASAP

Schedule a consultation with a divorce lawyer to better understand your individual case, what to expect, and how to get the ball rolling.

What do you need to know about divorce?

Normal people don’t know the various aspects of divorce, including the validity of the reasons, splitting of assets, and custodial issues. By hiring a competent divorce lawyer, you can have access to all the relevant legal knowledge that will enable you to make the right decisions. An experienced divorce lawyer can intervene to suggest and work out mutually acceptable terms and prevent the entire issue from landing up in the court, where the consequences can sometimes be messy and traumatic. When you talk to a lawyer who is licensed to practice in your state, you will also have ensured that all legal compliances are taken care of. It is important since family law differs widely from one state to another.

How stressful is divorce?

Divorces are typically very stress ful and emotional affairs for both the partners. It can be very easy to buckle under the pressure and not be in a position to view things objectively and in their right perspectives. It may lead to a situation where you are squabbling over petty issues and losing sight of the big picture. Sometimes, even the children get dragged into the mess, and the situation can turn ugly very fast. Having an experienced divorce lawyer by your side will help you remain objective and get through the process to be able to arrive at a solution that is equitable for both partners.

What is the most contentious issue in a divorce?

Typically, the division of the assets is the most contentious issue in a divorce. Because most people are not able to anticipate the consequences of filing for a divorce, a lawyer will help you plan and strategize how to deal with the allocation of the assets in the best possible manner. Child custody and visitation rights are also a frequent bone of contention in many divorces as also matters of health insurance, retirement plans, and inheritance. A good lawyer will be able to help you negotiate many of the pitfalls and enable you to avoid complications.

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.

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.

Can you represent yourself in divorce?

Although you might feel like you can represent yourself in your divorce, when one side has an attorney and the other doesn't, it often results in the unrepresented party walking away without a fair deal. Do yourself a favor, hire an attorney and level the playing field.

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.

Can a divorce be settled on your own?

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. If you and your spouse are on the same page about what you want for your family, you may be able to negotiate a divorce settlement on your own.

How does a divorce lawyer help?

In divorce mediation, an attorney-mediator can ethically assist both parties because the mediator acts as a "neutral". The attorney-mediator gives each spouse legal information and may even do legal analysis, but the mediator draws the line at offering legal advice. That means the attorney-mediator educates both spouses about the law and rights that apply in the divorce, without taking sides.

What is the job of a divorce lawyer?

A lawyer's job at that point would be to review the mediated agreement to make sure decisions were well-informed; to make any final agreed revisions; to draft (or review the draft of) a divorce decree that incorporates those agreements; and to get the judge's signature on the decree.

What is the role of a mediator in divorce?

Often divorcing couples who believe they have worked out a deal between them want to use one lawyer to answer legal questions, draw up the paperwork, and finalize the divorce at the courthouse. Many are afraid that if each of them has a lawyer, the two lawyers will stir up unnecessary conflict or they will be too expensive.

What happens if a divorce is mediated?

In a mediated divorce, the attorney may go through the mediator to convey information and offers to the unrepresented spouse. If there was no mediation and the attorney is charging only a flat fee, the lawyer may require the spouses to work out every detail of every issue by themselves.

What does a lawyer do for a spouse?

The lawyer representing the spouse has to act in the best interests of his or her client, and the lawyer will advise that spouse how to get the most for himself or herself. Disagreement is highly likely to arise, and when it happens, the other spouse invariably must get a lawyer too.

Can a spouse hire a lawyer?

Another option when the spouses already have reached all their agreements is for one spouse to hire a lawyer while the other has none. This may work if the spouses already went through early mediation and have no children, little or no property, and no joint debt or when both spouses agree on everything and they want a lawyer to draw up paperwork because they do not want to do it themselves.

image