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Should I Hire a Lawyer or Can I Handle My Own Divorce?

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Once it’s obvious that you both want to terminate your marriage, the next phase is to figure out how to get a divorce. You are going to need to decide if you:

  • can deal with your own divorce through a DIY approach
  • want to undergo mediation (with or without a lawyer) to resolve disputed matters, or
  • are going to need to hire a lawyer for representing you through settlement and/or in court.

There are a couple of aspects to think about when choosing which divorce path is appropriate for you.

Is One of You Going to Pursue a Fault Divorce?

Spouses are required identify grounds for their divorce when they file their case. Every state and Washington DC enable spouses to file for divorce based on no-fault grounds, meaning no one is at fault for the failed marriage. Spouses can just cite “irreconcilable differences,” in which is sometimes called “irretrievable” or “irremediable breakdown of the marriage,” subject to where you reside. These conditions are in reference to the same basic concept—that the couple simply can no longer get along, there is no chance of a reunion, and the marriage is beyond repairing. There’s no need to determine and prove misconduct or bad behavior that was cause of the divorce. In many states, spouses can optionally base their divorce on a separation for a specific period of time.

In many states, spouses are still able to file for a fault-based divorce, meaning the grounds for divorce is that one spouse was involved in misbehavior that led to the break-up of the marriage. These vary by state, but the most common fault grounds include cheating, neglect, abuse, and addiction to alcohol and/or drugs. Fault cases usually take longer to resolve in court since you have to present admissible evidence and prove to a judge the misbehavior happened and that it was the cause of the divorce.

You should talk to a knowledgeable family law attorney near you prior to you filing for a fault-based divorce to determine if you fulfill the requirements, are able to prove your case, and if there is an advantage for seeking a fault divorce that might outweigh the extra legal and court costs, strain, and strife with your soon to be ex.

Has Your Soon to be Ex By Now Hired a Divorce Attorney?

When you get served with divorce papers by your spouse’s attorney, you should speak with an attorney sooner than later. Divorce and family law regulations vary by state, and unless you presently know your state’s laws and localized regulations, you are going to have a lot to learn and comprehend.

Family law is a dedicated field and a simple error on your documents could have life-long consequences or unintended ramifications. Since the risks are so high and personal in divorces, it’s wise to try and not take on a knowledgeable family law attorney. After your spouse has hired a lawyer, you need to hire one too, they can explain your rights and responsibilities, use comprehensive knowledge to advocate for you, and get the best possible outcome for you and your family.

Do You Both Have Minor Children With Each other and Agree on Custody and Child Support?

When parents that are getting divorced have children that are minors, they are going to have to make decisions concerning child custody, both legal and/or physical. Legal custody is in reference to the right to for making decisions about your child’s health, schooling, and well-being, whereas physical custody is in reference to where the child is going to live and if each of the parents are going to spend an equal time with the child or if one parent is going to be the primary parent.

Parents also must agree on child support matters, including who is going to pay, what the amount is going to be, and how often payments are going to be made. Each of these matters should be established using state instructions and are required to be in the best interests of the child

When parents can’t come to an agree on these matters, they are either going to have to go to mediation to attempt to reach an agreement or they are going to end up going to court and requesting a judge to decide for them.

Do You Both Agree on Spousal Maintenance?

Alimony, or spousal support, involves payments from the higher-earning spouse to the lower-earning or unemployed spouse for a specific duration.

Various types of alimony address different needs. Temporary alimony aids the lower-earning spouse during divorce proceedings, covering basic necessities until finalization. Long-term or permanent alimony applies to lengthy marriages, ensuring the supported spouse maintains a lifestyle close to the marital one. Rules for determining amount and duration vary by state. If no agreement is reached, mediation or legal consultation may be necessary.

Do You Both Agree on How to Split Your Property and Debts?

In every state, assets acquired during marriage are considered marital property, divided either equally or equitably depending on state laws.

In communal property states, it’s divided equally, while equitable distribution states ensure a fair split, not necessarily 50-50.

Marital debts follow a similar pattern, with exceptions for wasteful or harmful behavior. For example, a judge might assign debts incurred for gambling or an extramarital affair to the responsible spouse.

If you and your spouse have minimal assets and debts or can agree on their division, handling it independently is possible. Otherwise, consider mediation or consult an attorney for court representation.

Choosing if you Should DIY

If your divorce is straightforward, with no significant assets or minor children, a DIY approach is feasible. Mediation can also be effective, even in cases with disagreements. Collaborative divorce is an alternative that involves specially trained attorneys to avoid court. However, this process can be costly. In some cases, hiring attorneys and following the traditional court process is necessary. For instance, if there’s a history of domestic abuse or concerns about hidden assets, seeking legal counsel is crucial. If you’re uncertain about the best course for your divorce, consult an attorney without committing to hire one.

Source:

  1. Lina Guillen, A. (2021, July 1). Can I handle my own divorce or should I hire ca lawyer? www.divorcenet.com. Retrieved January 13, 2022, from https://www.divorcenet.com/resources/can-i-handle-my-own-divorce-or-should-i-hire-a-lawyer.html

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