If you’ve made the decision that ending your marriage is your next step, you may be wondering if it’s necessary to hire a divorce lawyer. This question often comes up when spouses have decided to divorce but are on amicable terms. Will hiring a lawyer ruin the good feelings you still share toward one another? Will the cost of hiring a lawyer be a good investment for the future? These are difficult questions to answer without a crystal ball, and the long term ramifications of whatever decisions are made might weigh heavily on your mind. If there are children involved, it becomes even more complicated. Though it is not always necessary to hire a divorce lawyer, it often is, even if at the outset it does not appear to be necessary.
The short answer to whether or not you may benefit from hiring a divorce lawyer depends on the answers to these questions:
- Is your case complex in terms of asset and property ownership and have you come to complete agreement about their distribution between the two of you? If no, hire a divorce lawyer.
- Do you and your spouse share one or more minor children and are you in complete agreement about the terms for child support and child custody? If no, hire a divorce lawyer.
- Are you and your spouse in complete agreement about whether or not you should divorce? If no, hire a divorce lawyer.
- Are you and your spouse in complete agreement about the terms for spousal support? If no, hire a divorce lawyer.
What is a “simple divorce”?
A simple divorce, otherwise known as a no-fault divorce, is one in which the spouses do not have any issues to resolve prior to terminating their marriage. Specifically, there are no minor children, no property or major debts to distribute, there is not a major income difference, and the two are in complete agreement to divorce. In cases like these, there may not be a need to hire a divorce lawyer if the two of you are willing and able to file the legal paperwork and make sure that all required deadlines are met.
What is considered a complex divorce case?
The short answer to this question is that the more money and property that is involved, and if there are minor children about whom there is not an agreement in terms of custody or financial support, the more complex the case. When you hire a divorce lawyer emotionally charged issues can be handled by them on your behalf so that you do not have to talk to your soon to be ex-spouse directly. You won’t even have to talk to their divorce lawyer. Also, it’s less likely that you’ll be overwhelmed or tricked by their divorce lawyer (or your spouse) into agreeing to something that is not in your or your child’s best interest.
To schedule a free consultation with an experienced divorce lawyer, call us today.