Is it worth getting a divorce lawyer?
Going through a divorce without hiring an attorney can be challenging. Hiring an attorney in such a critical situation not just only helps you to get your legal rights but also emotional support. No matter what the reasons for your divorce, trying to struggle through without hiring a divorce attorney can male entire process much more difficult and drawn out than it needs to be. Going through a divorce is a very bad experience. you nee all the psychological support from either family or friends. this burden becomes much lighter if you hire the best attorney to deal with all the legal rights.
If you and your spouse have decided to end your marriage, one of the first questions you’ll have is whether you need a divorce lawyer. It’s not a simple question and the answer will depend on your particular situation.
Do You Need a Divorce Lawyer?
As a general rule, the less that you have to rely on the courts to solve your problems, the more smoothly the divorce will go. But do you need a divorce lawyer? The following information will help you make an informed decision.
You May Not Need a Divorce Lawyer for Everything: Making 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
- 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.
- You’ll end up saving quite a bit of time and money by not having to hire a divorce lawyer for all aspects of your divorce.
- Children going through a divorce often have a smoother transition if their parents can work out the divorce themselves.
Reasons That You Need a Divorce Attorney
While a do-it-yourself divorce may be acceptable in some situations, but most people should consider hiring an attorney to represent his or her interests. Here are five reasons that a person should consider hiring an attorney during a divorce proceeding.
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 hiring an attorney during a divorce proceeding.
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. In many cases, a spouse is even entitled to retirement or other income that the other spouse will receive in the future. If your marriage has any complicated issues to settle, an attorney can be an invaluable resource. 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.
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. You have enough things to worry about when you are getting divorced, let an attorney take care of the legal work.
There are two primary reasons that people make mistakes when completing their own divorce: the legal system is complicated and the stress of the divorce makes it difficult to think clearly. 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.
Clear and Binding Agreement
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.
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.
Things NOT to Do When You Divorce
As anyone who’s gone through a divorce can tell you, the process is rarely easy. Tensions run high, and couples often make poor decisions in the heat of the moment.
Given the mountain of financial, practical and emotional details that have to be sorted, it’s not surprising so many couples wind up making critical mistakes on the road to divorce. However, there are a number of things you should do, or more specifically not do, to lessen the chance you’ll regret your decisions later on.
Tips on what to avoid when filing for divorce.
Don’t Get Pregnant
Having a baby during your divorce complicates a lot of things, and could even hinder your right to divorce. In November 2004, a Spokane County, Wash. judge refused to allow Shawnna Hughes, a pregnant woman, to divorce her abusive husband. Hughes’ husband is not the father of her child. But because Hughes became pregnant during the divorce proceedings, state law presumes Hughes’ husband to be the father of her child born up to 300 days after her divorce. The judge refused to grant Hughes a divorce because he was concerned there would be no father to take financial responsibility for the child. Although many states now grant single parents the same rights as married ones, having a child when you’re in marital limbo can be problematic.
- Don’t Forget to Change Your Will
Getting divorced does not automatically revoke a will. If you want to prevent your soon-to-be-ex-spouse from receiving the monies and privileges granted them in your will, you need to update your will. You can re-do a will at any time. But if you die before you are granted a divorce, and you have left your spouse nothing, he or she can sue and recover part of your estate.
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation
In a collaborative divorce, you can get the help of professionals—attorneys, divorce coaches and therapists, to divide property and manage emotional stress. Some critics of collaborative divorce believe that attorneys, divorce coaches and therapists who engage in collaborative divorce are not really experts, and cost too much time and money. But the majority of jurisdictions with collaborative divorce have stated that collaborative divorce is more cooperative and less adversarial than traditional divorce.
Mediation is different. Only one third-party professional—a divorce mediator—helps you and your spouse reach an agreement. Mediation is more of an ongoing process than a one-time intervention. Although lawyers are generally not allowed into mediation sessions, you can consult a lawyer at any time during the process to make sure you are getting the right result.
- Don’t Sleep With Your Lawyer
It’s easy to get close to the one person who is on your side. But it’s also a big mistake. Some states prohibit all sexual activity between an attorney and client. Other states allow an attorney and client who had a sexual relationship before the case to continue the relationship. In either case, sleeping with your lawyer can compromise your attorney-client communications because you may be charged with adultery for the infidelity.
- Don’t Take It Out On the Kids
Children need a supportive environment to deal with divorce. Minimize the amount you talk about the process. It will give you more time to be there for them. Refocus your energy so you can attend their school and after-school events, help them with homework, and take them out once in a while to the movies or the zoo. When you are relaxed, they get more relaxed. Though you should be comfortable talking with your children about the divorce, the point of this divorce is to relieve stress on you and your family.
Don’t Wait Until After the Holidays
You already know the holidays are not going to be difficult. So why wait?
Divorce lawyers often see an increase in clients before, during, and after Christmas. It’s also easier to get used to an empty home before the holidays. If you wait (and fight) through the season, you may destroy any chances for an amicable split and wind up hashing out your differences in court.
8Don’t Forget About Taxes
Typically, the person who is awarded custody of the children gets the house. But the house may not be the best deal. If you can’t afford the mortgage, taxes and upkeep on the house, you want to ask for the investment portfolio of equal value instead. However, before declaring yourself king or queen of your block, remember:single people are not allowed to shelter as many capital gains from taxes. Stocks can also be at issue. Newly-purchased stocks may be more desirable because they will cost you less in capital gains taxes.