why use a lawyer in a divorce

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

What does it take to become a divorce lawyer?

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 ...

What does a divorce lawyer actually do?

What to look for in a good divorce attorney?

What are good questions to ask a divorce lawyer?

Sep 12, 2018 · 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 ...

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...

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 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 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!

Is divorce an emotional time?

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! This level of heightened emotions, and the fact that you cannot possibly be objective about your case, will skew your judgement.

How does divorce affect your emotions?

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! This level of heightened emotions, and the fact that you cannot possibly be objective about your case, will skew your judgement. Very few people have had the time or the willingness to work through their emotions about their soon-to-be ex-spouse during the divorce process, which will hinder their ability to work productively with the other side to resolve important matters. If you’re thinking of representing yourself, you need to be aware that your emotional state may prevent you from making wise decisions about the future. As an objective third party, a family lawyer can keep a clear, level head and separate themselves from the emotional side of the case in order to work towards the best resolution for everyone involved. Throughout the divorce process, a lawyer can remind you to keep your emotions in check – or even introduce you to other professionals who can help you channel your emotions into positive strategies. A good divorce lawyer can let you know when you’re being unreasonable or are asking for something that’s more-or-less impossible. When emotions are running high, it is easy to say or do things that may come off as aggressive or vindictive; a lawyer creates a buffer between you and the other side, and will do his/her best to prevent you from allowing your emotions to sabotage your case.

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.

Why do you need an attorney for 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.

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.

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.

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.

What is a mediator in divorce?

Mediators are trained at getting both sides to set aside emotions and focus down on the facts that are essential to a successful divorce. Unlike lawyers, mediators have the advantage of working with both spouses at the same time, which can cut down on unnecessary communication delay.

Do you have to appear in court to get divorced?

Depending upon the state you live in, you may not even have to appear in court to have your divorce finalized, if you can show that the divorce is uncontested and you have worked everything out. However, many states do require short court hearings when minor children are involved.

What is alimony in divorce?

Alimony. Division of property. Working together with your spouse through the divorce process can have a lot of advantages, including: You'll have better control over the vital issues that will be raised during your divorce instead of leaving them up to the court.

What is collaborative practice?

In short, collaborative practice is an agreement among the spouses and attorneys not to litigate and, instead, focus on settlement. Generally speaking, collaborative practice lawyers will only agree to represent a client when the other side has also hired or agrees to hire a collaborative practice attorney.

What is limited scope representation?

When you hire a lawyer to help you with certain aspects of your divorce, it is referred to as limited-scope representation. Lawyers who offer "unbundled" services often do so at a flat fee, which is usually more cost-effective than hiring a lawyer to represent you for full-scope representation.

How does divorce affect your emotions?

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! This level of heightened emotions, and the fact that you cannot possibly be objective about your case, will skew your judgement. Very few people have had the time or the willingness to work through their emotions about their soon-to-be ex-spouse during the divorce process, which will hinder their ability to work productively with the other side to resolve important matters. If you're thinking of representing yourself, you need to be aware that your emotional state may prevent you from making wise decisions about the future. As an objective third party, a family lawyer can keep a clear, level head and separate themselves from the emotional side of the case in order to work towards the best resolution for everyone involved. Throughout the divorce process, a lawyer can remind you to keep your emotions in check -- or even introduce you to other professionals who can help you channel your emotions into positive strategies. A good divorce lawyer can let you know when you're being unreasonable or are asking for something that's more-or-less impossible. When emotions are running high, it is easy to say or do things that may come off as aggressive or vindictive; a lawyer creates a buffer between you and the other side, and will do his/her best to prevent you from allowing your emotions to sabotage your case.

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.

Do self-represented litigants get special treatment?

In court, self-represented litigants are not given any special treatment; judges hold them to the same standards as the lawyer for the other side. Most judges are fairly patient people, but if you don't know the law -- or what documents you need, or even what to do next -- you may be pushing the judge's patience past the breaking point. The more annoyed a judge is, the less sympathetic he/she is likely to be. Family lawyers are experts in knowing what to say to make their case seem more reasonable than yours. Lawyers who focus on areas outside family law hire a family lawyer when they're getting a divorce; they recognize that they'll be out of their depth when faced with a lawyer who practices family law exclusively. So it's extremely unlikely that you'll be able to adequately prepare to face the court process -- and your spouse's lawyer -- by yourself. To make matters worse, you can jeopardize your entire case by saying or doing just one thing wrong.

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 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.

What are the common fault grounds for divorce?

These vary from state to state, but the most common fault grounds include adultery, abandonment, abuse, and addiction to alcohol or drugs.

Is collaborative divorce the same as mediation?

It's similar to mediation in that the goal is to avoid court, but the specific process is quite different. 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.

Is family law a specialized field?

Family law is a specialized field and a simple mistake on your paperwork can have life-long ramifications or unintended consequences. Because the stakes are so high and personal in a divorce, it's best not to try and take on an experienced family law attorney. Once your spouse has lawyered up, you need to hire an experienced attorney, ...

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.

Is DIY a real possibility?

If your case is relatively simple—for instance, you and your spouse don't have substantial assets or minor children together—and you agree with your spouse on the important issues, DIY is a real possibility.