Do I Need a Divorce Lawyer?

Many people may not be aware that there is no legal requirement for couples who are contemplating a divorce to hire an attorney. Some states are reducing the procedural obstacles of the process to support couples who choose to file a straightforward and uncontested dissolution of marriage. In fact, in many states when there is proof that the split is uncontested, you may not even have to appear in court for the separation to be final.

Mediation as an Alternative

Don’t give up if you and your spouse cannot agree on some fundamental issues. It might be worthwhile to research meditation to understand how it works and whether it is a suitable alternative. Divorce mediation is an excellent way to try to negotiate and reach a resolution. The mediator is a professional who can bring closure to many contentious arguments encountered during separation. If emotional obstacles are creating a stalemate, a mediation counselor is trained to help facilitate a solution. The couples who experience the most success when filing a dissolution of marriage without using a lawyer include the following.

• Desire to achieve a mutual agreement. If you and your spouse agree on support issues, the division of property and debt, and custody, you may not need to hire a lawyer.
• Commitment to follow through. To handle an uncontested divorce without representation, you will need to spend the time necessary to gather documentation, research the state laws, and follow through with court filings and appearances.
• Willingness to communicate. Mediation addresses interpersonal issues and helps couples continue to talk after the dissolution is final and at times when talking seems otherwise impossible, such as when children are involved.

If you and your spouse can agree on important decisions together or with the help of a third party such as a mediator, you will save yourselves stress, money, and time. By doing this, you control the vital issues of your divorce instead of leaving the decisions up to the court. Also, children have an easier time when their divorcing parents handle the situation amicably.

Obtaining Other Advice

Couples in mediation or who choose not to hire a lawyer remain in control of the decisions that will affect them and their children for the rest of their lives. For this reason, you should consider seeking financial, tax, and any other professional advice that will enable you to make fully informed decisions and create mutually acceptable, customized arrangements that meet your unique requirements.

Focusing on the Objectives

The separation process tends to fuel emotions which often provoke battles, and hiring a lawyer may not result in the outcome you want or lead to more emotional sparks. Setting aside emotions and cooperating with your spouse to manage the formidable points of your divorce with patience and restraint can pay off in the end. You will both make smarter choices that result in less suffering for everyone, and streamlining the process can remove tension and prepare everyone for their new lives. After the negotiations are resolved and the documents are finalized, you will be glad you were able to handle matters amicably.