Is an Attorney Always Needed for a Divorce?

Is an attorney always needed for a divorce? If the dreaded “d-word” has come into the conversation, you might be left wondering what comes next and if you should call your lawyer. While this might be an unsettling time, this blog can help make things a little clearer so that you will know whether you need an attorney for divorce during this period of your life.

Is an Attorney Always Needed for a Divorce?

Divorce without a lawyer is possible. However, we do not recommend it. Even in the case of uncontested divorces where both spouses agree on everything, it is important to have an attorney review your divorce documents to ensure everything is done correctly and fairly.

An attorney for divorce can ensure you end this chapter on a good note and move on without unnecessary baggage. Further, if you are unsure about anything during the divorce or need guidance about what to do to complete the filing process, your lawyer will be a phone call or email away.

When Don’t You Need an Attorney for a Divorce?

If you do not have any assets or shared children, you might not need to contact a lawyer. However, it is always practical to have an attorney look over your documents.

Keep in mind that divorce without a lawyer is far from easy. It might seem like there would be less paperwork involved, and the process would be faster. However, that is rarely the case. When there is no lawyer to review the divorce papers, it can prolong the divorce process and increase the chance for errors that may affect you later on.

When Should you Consider an Attorney for Divorce?

Divorce without a lawyer can be complicated and confusing, especially if there are children and assets involved. As mentioned above, we recommend retaining a divorce lawyer in most situations.

Are you wondering, “Do I need an attorney?”

Here are some scenarios in which an attorney for divorce is essential:

You have shared children and will require a parenting plan
You have a significant difference in incomes, which may mean spousal maintenance will be owed.
You own multiple assets (i.e., houses, cars, boats, properties, equipment, etc.).
You own a business.
You do not agree on how the assets should be separated.
There is a prenuptial agreement.

Do I Need a Divorce Lawyer if my Spouse Has One?

If your ex retains a lawyer, that lawyer will work in your ex’s best interests. That means that you will need an attorney of your own to ensure the terms of your divorce are fair based on what you both put into the marriage.

Your spouse’s lawyer may send you the divorce papers, and it may feel like they are taking care of a lot with not much left to do. However, it is essential to have your own attorney look over the divorce papers before signing on the dotted line to make sure nothing is missed.

Divorce Law — Uncomplicated

Divorce impacts you both financially and emotionally. If you wish to move forward in the divorce process, getting in touch with a divorce attorney is often necessary. Divorce attorneys can make the divorce process uncomplicated and ensure all the necessary steps are taken so that you can move beyond this difficult chapter and onto something better.