why wouldn't you need a lawyer for divorce

You might not need a divorce lawyer when: You are not making a claim for spousal support and do not believe your spouse will make a claim You do not have assets or property to divide such as stocks, retirement accounts, or real estate

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;

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How Collaborative Practice Works

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When to Hire A Divorce Lawyer

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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.

Do I Need a Divorce Lawyer?

If the decision to get a divorce has already been made, one of the next decisions you will have to make is whether to hire a divorce lawyer or not.

When You Do Need a Divorce Lawyer?

You should consider hiring a divorce lawyer if you want ideal outcomes for spousal support, property division, child support, parenting time, and legal decision making. You may also want to hire a divorce lawyer when:

Collaborative Divorce offers the Best of Both Worlds

Wouldn’t it be nice if there was a type of divorce where you can hire a lawyer to settle all your divorce issues, but avoid paying the high costs associated with litigation? Well there is! It’s called Collaborative Process.

Collaborative Divorce is a Peaceful Divorce Option

Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved.

OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!

The collaborative divorce process is designed to help people who are willing to work together to make an agreement that benefits the family. Resources that help parents communicate effectively during this process can help them model appropriate behavior for their kids.

What happens if you go to a divorce lawyer?

Some people are scared that if they go to a divorce lawyer, he or she will blow up the entire agreement – and that’s a legitimate fear. Sometimes it’s justified and necessary though. A lawyer will not let a client enter into an agreement that is grossly unfair or unconscionable. But even if you’re the spouse that would have benefited from the unfair agreement, it may be in your interest to fix the agreement. If the agreement is truly unconscionable (which is a very high legal burden to meet), the agreement may be subject to future attack. Many times in a case like this, the disadvantaged spouse will eventually find out the deal was bad. He or she then goes back to court to try to reopen the agreement. Both spouses will end up spending more on attorney fees than if they had fixed the agreement before they finalized the divorce.

Is divorce hard?

Whether the decision was mutual or you were completely blind-sided by the announcement from your spouse, divorce is hard. It’s considered one of the most stressful events in life second only to the death of a loved one. Most people experience anger, sadness, bitterness, denial, and depression. When you’re going through this type of emotional roller coaster, it can be difficult to think clearly and make rational decisions.

What is the primary goal of a lawyer?

Lawyers are supposed to work under one primary goal: the relentless pursuit of their clients’ interests. If you convey to a lawyer that your interest is specifically an amicable divorce, then that’s just what you should expect.

What is mediation in divorce?

Divorce mediation typically involves a neutral mediator – usually a divorce lawyer – so he or she can assist you and your spouse to reach an agreement that both of you can live with. A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

What to do if you can't agree to custody?

If you and your spouse are unable to agree to a custody arrangement, then you also need to hire your own lawyer to get help sort this aspect of the divorce out. Many factors are in play in a custody decision. A divorce lawyer who understands the fine print of the laws that apply where you live gives you a far better chance ...

Can a divorce mediator represent you?

A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

Is divorce scary?

The prospect of divorce is a frightening one in its own right. The marriage and union you had hoped would last, and likely worked hard to accomplish, is coming to an end. The last thing you need is your spouse’s attorney intimidating you in the courtroom . Even despite this, some people make the choice to represent themselves in divorce hearings, even if their husband has personally hired a lawyer.

Can you get angry during a divorce?

It’s easy for you, your spouse, or both of you to get angry and even emotionally distraught during the divorce process. Simply handing the responsibility for handling your divorce to your divorce lawyer might seem like a welcome relief. However, it might actually complicate things for you more than simplify them.

Can a couple have a single lawyer?

Having said this, in certain situations, one couple might share a single lawyer in order to bring joint resolution to their divorce. This is usually restricted to couples that have already resolved custody issues, the division of debt, and asset partitioning on their own.

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.

Why is formality important in divorce?

The formality of the court in litigated divorce can be beneficial when it comes to power imbalances, truth, fairness, and evidence. Attorneys are able to use the court to have witnesses testify or produce evidence, while mediators cannot force the truth to be given by all parties. Court procedures also help ensure that both parties are treated fairly, whereas mediation is less able to help protect a party from an aggressive or intimidating spouse. This can play a crucial role in making sure the less aggressive spouse does not unfairly settle and lose what is rightfully theirs.

Can a mediator be an attorney?

Even if a mediator is an attorney, they are not allowed to provide either side with legal advice. They are to act as a neutral party and are unable to speak to the parties about the divorce outside of mediation sessions.

Can a spouse be abusive during divorce mediation?

If one spouse is more articulate, has all the financial resources, or abusive to the other it can surely be detrimental to the divorce mediation process. For instance, in a marriage with a history of domestic violence mediation is likely not an appropriate choice as the victim may feel pressured or intimidated during sessions. Spouses who are victims, have fewer resources, or are inarticulate will usually have a more difficult time asserting themselves during mediation.

Why won't a lawyer take my case?

Here are the top 7 reasons why a lawyer won’t take your case: 1. There is No Money to be Made in Your Case. There is a real cost associated with trying a case. For a lawyer to take a case, the case needs to have the potential to recover more money than the lawyer will have to invest to try the case.

What happens if a lawyer doesn't take your case?

Additionally, the cost of developing the testimony to prove up your case has to be factored into the analysis of the attorney. If the cost of the expected depositions exceeds the expected return on the case, an attorney most likely will not accept the case. If a lawyer doesn’t take your case, you can get a second opinion from another lawyer who has ...

What happens if you are dropped from another law firm?

If your case has been repeatedly “released” or “dropped” from another law firm, subsequent attorneys will think twice about taking your case from either a liability perspective or an unreasonable expectation perspective.

How long do you have to sue for a personal injury?

For example, in some states, the statute of limitations on personal injury claims is two years, so that means you have two years to sue for a personal injury case.

Why is it important for a lawyer to protect their reputation?

Lawyers have an interest to protect their own reputations since a strong reputation will draw in more clients, just as a weak reputation will do exactly the opposite. In personal injury cases, how badly you’re injured is an important factor in a case.

What does it mean when a lawyer takes on a new client?

7. They don’t like you. A lawyer is never obligated to take your case. Taking on a new client means starting a new working relationship – and relationships are a two-way street. If you’re perceived to be difficult to work with, obnoxious, or abrasive, then they may choose to pass on your case.

Is it important to be selective in choosing a lawyer?

Even though it is crucial and recommended to be selective in choosing a lawyer, it’s important that you focus on whether or not the lawyer in question has expertise and a history of winning the type of case you’re involved in.