Do You Need A Divorce Attorney?
IF you are facing an end to your marriage, will you need a divorce attorney to handle everything for you? With the high cost of divorce, it's understandable that many people consider filing forms themselves. In some cases, this is a viable option and can save you money. In other situations, it could be a costly move for years to come.
Below, you will find some helpful tips to help you decide about whether you need a divorce attorney for your case or not.
Do You Need a Lawyer for Your Divorce or Custody Case?
Your needs can usually be best represented by an attorney. You already know that. But there are times when self-representation can work out in your favor.
Here are some general guidelines about the best and worst situations for self-representation. These tips are intended as a guideline, and should in no way be construed as legal advice.
Best Self-Representation Cases:
A marriage where each partner worked throughout the marriage, earned similar salaries, had no children together and accumulated little or no property together
A marriage where neither partner worked steadily or earned much money, had no children together and accumulated little or no property together
A short marriage where neither partner accumulated any property and had no children together
A marriage where each partner worked throughout the marriage and earned similar salaries, accumulated little or no property together and were good parents, involved in their children's lives and want to continue to do so
A marriage where neither partner worked steadily or earned much money, accumulated little or no property, but were good parents, involved involved in their children children's lives and want to continue to do so
Any marriage in which each partner agrees on how to divide all property and support issues, and visitation rights in the event they had children
Worst Self-Representation Cases (aka Get A Lawyer, Some How, Some Way):
Either partner has a criminal record
Either partner is accused of domestic violence, including child, sexual or non-physical abuse
Either partner is neglectful and/or irresponsible
Either partner suffers from a mental or physical disability
Either partner abuses alcohol or other substances
Either partner is accused of abandonment or having poor parenting skills
Either partner is accused of illegal immigrant status
Either partner is on the verge of bankruptcy, has a history of defaulting in financial obligations or owns a privately held business
Either partner is believed to be hiding assets, has a history of refusing work or is working for cash payments
Either partner has recently moved to another state or county, especially if a child is involved
Either partner has threatened to run off with the children, or limit visitation
Either partner has alienated the other to the children
Either partner has threatened not to provide any financial support where the other partner may be entitled to it
Either partner is disagreeable for no reason at all
The case has already started and the judge has strongly encouraged you to hire a lawyer or does not agree with your points on any level
If your situation is similar to one of the above circumstances, you should continue gathering information so YOU can best decide whether or not you need a lawyer.
You can find more divorce information in the following articles:
• Divorce Considerations
• Finding Divorce Attorneys
• Collaborative Family Law
• Do It Yourself Divorce
• Divorce Mediation
• More Divorce Articles
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