When To Use A Divorce Lawyer And When To Avoid One
The topic of divorce is never pleasant and usually painful, but
if you find yourself at the end of a marriage, it may be your
only logical options. Individuals choose to enter divorce
proceedings for a variety of reasons, but usually the more civil
these proceedings the better. A divorce lawyer can be incredibly
useful for representing you regarding divisions of assets and
property and in the event of custody proceedings.
Not everyone needs to solicit the aid of a divorce lawyer, so
carefully consider whether you should consider a lawyer in your
specific situation. Since each case is different, there is no
blanket statement regarding who should use a divorce lawyer and
who can forgo the presence of one. You do not necessarily need
the help of a divorce lawyer to successfully enter and complete
divorce proceedings, but in many cases, their presence and
expertise can help immensely through this difficult process.
Depending on your specific situation, you may not need the
assistance of a divorce lawyer. That does not mean you should
put any less importance or thought into the proceedings than an
individual who chooses to hire a lawyer. Many individuals forego
hiring a divorce lawyer because they can come up with an
agreeable situation between themselves and a former spouse.
Even though your marriage may be ending, remember both parties
are adults and should act as such. Individuals who are able to
remain mature about the situation and have realistic wants and
needs are more capable of handing proceedings without needing a
lawyer.
If you choose not to solicit the assistance of a lawyer,
carefully consider all potential issues that may arise between
you and your former spouse. The two of you should arrange a
meeting to discuss all issues before the date of the divorce
proceedings so all terms and conditions are clearly determined.
Also, you may need to meet with a neutral third party mediator
so that everyone remains focused at the task at hand. Couples
who are able to calmly and deliberately discuss any necessary
issues regarding the divorce are more apt to have problems later
down the road. Most couples are able to discuss the terms of
their divorce without needing to involve lawyers.
If you are concerned about your safety or afraid of your former
spouse, it will probably be in your best interest to hire a
lawyer and let that individual deal with him or her directly.
You will still need to make any necessary decisions, but will
not have to directly speak to your former spouse.
If there is any problem of abuse--physical, sexual, or
verbal--in the relationship, a lawyer should be hired
immediately. Furthermore, if you fear for the safety of any
children or dependants in your home life, a lawyer be hired for
their best interest as well. Furthermore, if your spouse is
acting cruel or dishonest towards you or anyone else in the
household, hiring a lawyer will help take the focus off you in
this situation.
Another reason to hire a lawyer is if your spouse does so first.
It is severely discouraged to enter into divorce proceedings
against a lawyer if you have no experience in the field of law
yourself. Hiring a lawyer will protect your best interests and
ensure your wants and needs are taken care of in a court of law.
This is especially true if children are involved, as custody
cases are often complicated and should be handled by a
professional.
If you find yourself wanting to hire a lawyer but financially
unable to do so, speak with the legal aid office of your county
courthouse. These offices coordinate clients with lawyers who
will work at reduced fees or for no cost at all (pro bono). If
you know a lawyer through family or friend connections, seek
their help and guidance. Many legal acquaintances will be able
to provide you with legal information for minimal or no charge.
However, if the lawyer in question shares a relationship with
both you and your former spouse, it is strongly recommended you
avoid bringing this person into any potential dispute. Making
the decision whether or not to hire a lawyer to assist with your
divorce proceedings is a critical decision that should be made
using a clear head and deliberate thought.