do both spouses need lawyer

Do I Need A Divorce Lawyer If My Spouse Has One?

Goldberg Jones Divorce, Featured Posts 2 Comments

It’s easier than ever to handle a divorce on your own. In a few short steps, you can download the necessary forms, pay the appropriate fees, file what you need to file, and dissolve your marriage. That’s all well and good in simple, straightforward cases where you and your spouse agree on things. But what if that’s not the situation?

If things get complicated, what then? What if your spouse hires a divorce lawyer? Should you hire one, too?

The short answer is: yes, if your spouse hires a divorce lawyer, you should probably also hire one.

Related Reading: How are Assets Split in a Divorce?

Do I need A Divorce Lawyer?

Divorce often becomes complicated in short order, even if it appears simple on the surface. In general, in all but the most basic cases, it’s in your best interest to have an experienced attorney on your side. They guide you through the process, show you the ins and outs, and make sure you handle everything correctly.

You don’t want to miss something significant when it comes to the division of property or child custody. This may put you in a bad position. You want to avoid mistakes that cost you big in the long run.

This is especially true if your soon-to-be-ex hires a divorce lawyer. Even if you go to great lengths to educate yourself about laws and prepare, an attorney has been through this before.

Related Reading: Jobs With the Highest Divorce Rate

Benefits Of Representing Yourself

The biggest positive to representing yourself in divorce is obviously the money. Law school is long and expensive, and divorce lawyers aren’t known for being super cheap.

Utilizing online guides or kits, it’s possible to end your marriage for little more than filing fees and a handful of other costs. Potentially saving thousands of dollars is an attractive option. That’s why this strategy has become so popular.

Unless you have legal experience, however, representing yourself is also a dicey proposition.

This works best in relatively straightforward cases. If you and your spouse act amicably and work together, there’s no reason why you can’t handle things without a divorce lawyer.

The easier, more uncomplicated your case, the better. Self-representation works best in uncontested divorces, short marriages, and situations without any children and little or no shared property.

It is possible to handle everything yourself even in more complex divorces. You can tackle the division of property and even child custody on your own. But the more there is to deal with, the trickier things become, and the more potential hazards you face. In these circumstances, hiring a divorce lawyer is likely your best option, especially if your spouse already has legal representation.

Related Reading: We’ve Been Married 40 Years, Will This Divorce Get Complicated?

Drawbacks Of Representing Yourself

While handling a divorce yourself does have certain upsides, it also comes with drawbacks and risks.

amount of paperwork in divorce
Sample Paperwork: Uncontested Vs. Contested

Saving money is fantastic, but the situation can take a nosedive in the blink of an eye. Collaborating with your spouse for a common goal may be workable in your case, but it simply isn’t feasible in many others.

If you can’t play nice and have to deal with conflict, divorce often becomes twisted and heated. Every step of the process has potential complications. Splitting up assets, deciding on child custody and visitation, figuring out support, and more get tricky in the best of times. Even something as basic as making sure you fill out and file the forms correctly can come back to bite you.

Related Reading: Why Does Divorce Take So Long?

Should You Hire A Divorce Lawyer?

So, the question of the day is whether or not you should hire a divorce lawyer.

Whether or not to represent yourself is a big decision, one that has deep and lasting ramifications. Before you make a final choice, there are many questions to consider.

  • Do you have children, substantial assets to divide, and other complicating factors?
  • Are you or your spouse highly emotional or acting irrationally?
  • Is there a great deal of conflict that makes communication difficult or even impossible?
  • Do you understand the process? (This includes everything from the forms and filing to knowing whether a proposed settlement is fair to understanding what the law entitles you to.)
  • Does your spouse have an attorney?

You should ask yourself all of these questions and more when deciding whether to hire a divorce lawyer or not. You have a great deal to think about. But that last one is especially important. If your spouse retains the services of an attorney, you may also want to do so.

Not having representation potentially puts you at a serious disadvantage. Many divorce lawyers don’t like going up against people representing themselves. They fear a judge throwing out a settlement because it’s too skewed in favor of their client. That’s how stacked the deck is against you.

Related Reading: Types of Legal Separation

Comments 2

  1. It’s valuable that you mention that hiring a lawyer can help make sure that your property and custody of your children are divided fairly when you are getting divorced. My wife told me last weekend that she wants to separate from me, so I’m considering hiring a divorce lawyer. I’m going to look in my area for a good divorce attorney to hire.

  2. Thanks for pointing out that having a lawyer will ensure us that we are following the process correctly. As you mentioned, even having a mistake with the forms will affect the process already. I will share this information with my best friend to ensure that she will pass this test easily. She just wanted to get divorced because her husband has been cheating for over 5 years.

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