Do You Need a Divorce Lawyer?

If you decide to end your marriage, you may ask whether you need a divorce lawyer. It’s not a simple question, and the answer depends on your particular situation. As a general rule, the less you rely on the courts to solve your problems, the more smoothly the divorce process will go.

However, if there are financial or childcare issues you can’t resolve, you may want a lawyer on your side. A local divorce attorney can give you legal advice about your situation.

Can You Make Divorce Settlement Decisions on Your Own?

If you’re able to work together with your spouse to resolve the legal issues, you may not need a lawyer’s help. These issues include:

• Child custody of your minor children
• Child support
• Alimony or spousal support
• Division of property

When considering property division, include all marital assets. This can include retirement accounts, bank accounts, and real estate. Marital property should also include shared marital debt, including a mortgage, car loans, and shared credit card bills.

Working together with your spouse through a no-fault divorce can have a lot of advantages. You’ll have more control over the important issues instead of leaving them up to the court.

You’ll end up saving time and money by not paying for additional legal services. An amicable divorce is also better for couples with children.

When Should You Use a Lawyer for an Uncontested Divorce?

If you and your spouse can come to terms on an uncontested divorce, the court can sign your divorce agreement without legal representation. However, you may want a lawyer to look through your agreement in an uncontested divorce. A family law attorney can review any legal documents to protect your rights and make sure you are not overlooking any important issues that could arise.

Alternatives To Using a Divorce Lawyer

If you do decide to hire a divorce lawyer, make sure you hire the right one for your situation. Do you need a courtroom fighter? Do you need someone who can help you reach an amicable agreement? Every situation demands a different approach. Ask any potential lawyer many questions during your consultation.

Lawyers have a duty to advocate for their client’s interests. You need to make your interests clear to your lawyer at the start.

There are alternatives to hiring a traditional divorce lawyer. These include limited-scope representation, collaborative divorce, and mediation.

Limited-Scope Representation

Even in an uncontested divorce, it’s a good idea for each party to have a lawyer at least look over the agreement to check for problems and legal risks. You can hire a lawyer to help with only certain aspects of your divorce, such as:

• Advising you on what a fair agreement would be
• Reviewing your agreement
• Drafting a divorce agreement in a format the court will accept
• Filing your divorce petition for you
• Attending your divorce hearing with you if you have minor children
• Representing you during in-person hearings if you are out-of-state

Hiring a lawyer to help you with certain aspects of your divorce is limited-scope representation. Lawyers who offer any of these services often do so at a flat fee. This is cheaper than hiring a lawyer to represent you for full-scope representation.

Keep in mind that both you and your spouse may need to hire your own lawyers. Lawyers cannot represent two parties with conflicting interests. You benefit from having a lawyer who can advocate for you and is looking out for your best interests.

Collaborative Divorce

A collaborative divorce starts with an agreement among the spouses and lawyers to focus on a settlement. Generally, a collaborative divorce lawyer will only agree to represent you when you and your spouse agree to use the collaborative process.

If you can’t reach a settlement and the divorce is headed toward litigation, you and your ex must typically find new lawyers. This eliminates the financial incentives for your original lawyers to prolong discussions or push for litigation so they can bill you for more. Since co-parenting divorced couples need to stay in regular contact due to childcare issues, a collaborative divorce can be a good option if you have children at home.

Divorce Mediation

Many family law matters are referred to court-ordered mediation. If you have a contested divorce and can’t agree on a parenting plan, the court may require mediation. Mediation uses a third-party mediator to help you and your ex reach a divorce settlement.

Mediators are trained to get both sides to set aside emotions and focus on the facts. They have the advantage of working with both spouses at the same time, which can be quicker and less expensive than going through the courts.

Mediators also have the advantage of not advocating for either side. They can often reach successful settlements in divorce cases much faster than lawyers.

When Should You Call a Divorce Lawyer?

There are certain situations when you should hire an experienced divorce lawyer. These include:

• You are a victim of domestic violence
• You think your spouse is lying about important issues
• Your spouse hired a lawyer
• You can’t talk to your spouse without arguing
• Your divorce involves complicated financial issues
• Your spouse is threatening not to let you see your kids

If you can’t afford a family lawyer, contact your local legal aid or state bar association. You may qualify to get free or reduced-cost legal representation. If you do not qualify, you may still be able to ask legal questions throughout your divorce proceeding.