When to Use a Divorce Lawyer and When
to Avoid OneBy: Jeffrey W Anderson
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 option.
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
divorce 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 a divorce
lawyer.
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 the relationship, a divorce lawyer
should be hired immediately. Furthermore, if you fear for the safety
of any children or dependants in your home life, a divorce lawyer
should 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 divorce lawyer is if
your spouse does so first. It is severely discouraging to enter into
divorce proceedings against a lawyer if you have no experience in
the field of law yourself. Hiring a divorce 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 divorce
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 divorce 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.
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