Do I Need a Lawyer to Get Divorced?

September 7, 2022

When you start the process of filing for divorce, you likely hope everything will move along quickly. Ending a marriage is emotional, and filing for divorce can feel traumatic. You may wonder if you really need a lawyer to get divorced. Working through any legal process can be stressful, but a divorce can be complex, even if you and your spouse agree. Having a lawyer to help you navigate the process is often the best way to move forward.

Family lawyer giving consultation to couple concerning divorce settlement agreement

Can You Negotiate Your Divorce on Your Own?

It is important to remember that even couples who begin with the most amicable divorce and highest hopes for a quick and settlement can hit roadblocks. Divorce is emotional. If you feel like you are getting a bad deal or being manipulated into an agreement you don’t like, be ready to hire an attorney before you finalize anything. Many couples who are trying to resolve things amicably after filing for divorce find that having a consulting attorney to review the settlement is a good idea to protect everyone involved.

If you and your spouse both agree to the divorce and are on the same page about dividing assets, child custody, and everything else you will need to agree on, you will find that the process will move pretty quickly. In fact, many children of divorce fare much better when their parents make the effort to work together during the divorce process and demonstrate a healthy way to end a marriage.

What are the Benefits of Using a Lawyer When Filing for Divorce?

Your divorce lawyer is there to guide you through the process and protect your rights. Your lawyer will be able to help you navigate the complex legal process, particularly if custody, child support, or spousal support are involved. Your attorney is well versed in the law and has been through this many times. They know what to expect and can keep you informed during the process. Your case can still settle by agreement, but your attorney is looking out for your best interests and will be an integral part of a successful, quick outcome.

A Divorce Attorney is Absolutely Necessary

If there is any history of abuse – domestic violence, child abuse, substance abuse, or emotional abuse, you need to hire a lawyer to protect you and your rights. When there is a significant power imbalance between partners, a fair negotiation is nearly impossible without representation. Even without a history of abuse, if your spouse hires a lawyer, you need to hire one too. Although you may feel like you can represent yourself, when one side has an attorney and the other doesn’t, the unrepresented spouse will usually walk away without a fair settlement. Finally, you should always hire an attorney if there is a complicated financial situation. If one spouse has a history of hiding assets or debts, destroying property, controlling all the financial accounts, or threatening financial ruin, you need an attorney who can handle the situation professionally and without emotion.

Divorce can be hard on everyone involved, and the legal process can make things feel overwhelming. Hiring an experienced, local divorce attorney will take the burden of having to figure everything out off your shoulders. If you’re going through a divorce or thinking about filing for divorce, contact my office today.