You are contemplating divorce and are unsure of the first steps. What are the requirements and what forms need to be filled out? Many people ask if they need to hire a lawyer to obtain a divorce. The straight-forward legal answer is no. Many people get divorced without hiring an attorney everyday.
If you ask the questions whether you should hire a lawyer to obtain a divorce, the answer is a resounding yes. There are very few circumstances where not hiring a lawyer is a viable option. Many factors should be considered such as your assets, debts, the length of the marriage, and whether the parties have minor children.
One of the reasons parties tend to be hesitant to use a lawyer is the associated cost. While that is understandable, you are running the risk of consequences which may amount to more than retainer costs. Some low-income parties may qualify for representation through their local Legal Aid. It is very difficult to make an informed decision when you do not know your rights or the governing rules. Most people would not show up to a professional chess competition wagering half of their assets, so why should they gamble the outcome of their case? If you do not know what entitlements you do or do not have, how can you reach an informed decision about the fairness of your outcome?
Another reason parties who are on good terms do not want to hire a lawyer is fear of coming across as untrustworthy. Unfortunately, this reason is usually given when one party has already hired a lawyer and is discussing terms of settlement for the represented party's lawyer to draft. It is important to know that the lawyer hired owes a duty to their client, not both parties. As the unrepresented party, you may hire your own lawyer or retain a lawyer for the limited scope of reviewing the proposed agreement. If the proposed agreement is legally fair, you have the peace of mind knowing so. Alternatively, if the proposed agreement is one-sided you have the option to hire for full representation or not.
Understanding your rights and entitlements is the first step to reaching a legally fair agreement. At the end of the day, it is up to the client to decide what terms they are willing to accept or reject. If remaining issues are unresolved, it is important to have an advocate who can protect and defend those rights. Call our office today at
407-278-6718 for a free consultation.