Clio estimates that there are almost 3.8 million family law cases, and divorces make up a big part of those cases, with about 1.09 million divorces happening every year.
According to Wooton, Davis, Hussell & Johnson law firm, divorces can be uncontested or contested, which means that they need to go to court. It also includes divorces with complicated financial holdings, like high-net-worth family businesses or professional practices.
Self-representation in a divorce is a really tough job. It involves difficult activities, such as collecting financial documents, completing and filing forms, meeting deadlines, negotiating with the other spouse on terms, and possibly even going to court.
One mistake will ruin the whole process and may render an unfair outcome against you. How do you decide between getting a lawyer or representing yourself in divorce? Let us discuss both options and what choosing either entails.
Understanding the Divorce Process
After deciding to divorce, it is better to understand all the processes involved, since these are draining emotionally and financially.
You must become well-versed about the laws regarding the handling of divorces in your state, such as the filing of petitions or even the papers being served on the other party. You can either choose whether a divorce is contested or uncontested to determine how to proceed with it legally.
Collecting financial records and determining what assets are on the table is necessary for fair settlements. Child custody is another consideration you will have to make if children are involved. Negotiating with your spouse may become a necessity at some point; try to keep conflicts at a minimum and keep options open.
According to Fairfield family lawyer Veronica E. Reich, the main issues for divorce are division of assets and debts and, when applicable, child custody and support. A divorce attorney is competent to handle any case, whether you decide to take it to court or use an alternative, such as mediation. An attorney will assist you in obtaining the best results and strive to give you the necessary protection.
The Benefits of Handling Your Own Divorce
Choosing a Do-It-Yourself divorce is practical, especially if both spouses are on fair terms with each other. You can save lots of money by not hiring a lawyer. Keep in mind that by doing so, you expose yourself to certain responsibilities and risks.
Another factor in doing things by yourself is having greater control over the decisions made. You decide how the case is handled in a way that best suits your situation. Such flexibility also allows for the enhancement of short resolution periods, as you will not be waiting around for a lawyer.
With this option, an open form of communication between the parties is developed. This approach can be beneficial down the road for co-parenting or interpersonal relationship obstacles.
The Risks of Representing Yourself
Representing yourself might sound great when getting divorced, but there are potential risks that may make matters worse. You could lose money over some poor judgment on family issues if you do not know much about family law.
- Inexperience with dealing with legal jargon can cause you to be confused and miss important deadlines. Other risks of self-representation involve receiving an unfortunate judgment or even having your case thrown out of court.
- It is easy for your feelings to obscure your judgment and make it tough to negotiate with your former partner.
- You might miss an important issue with the division of assets or how arrangements for child custody are set up-the very decisions that jeopardize your future.
In short, you may be left with meaningless arrangements, while regrets and unresolved issues will burden you for a long time.
When to Consider Hiring a Lawyer
For complex divorces involving major assets, children or difficult issues, the best thing to do is obtain legal help.
- If you were unsure of the legal ramifications arising out of a custody arrangement or division of property, your lawyer will be able to tell you all your options and rights.
- If your spouse is represented by legal counsel, it is advisable for you to also obtain legal counsel so you can maintain a balanced situation.
- Situations that have already seen high emotions can escalate further unless a lawyer can step in to mediate and negotiate for you.
- If you want to see a fair outcome with your interests protected, you may want to start seeking professional help towards your end.
How to Choose the Right Lawyer for Your Divorce
Finding the proper attorney will start with knowing exactly what your needs are in the case, e.g., child custody or asset division.
Investigate potential lawyers online and check their family law experience or specialty. Look at reviews and testimonials to assess client satisfaction.
Have consultations with a few candidates, get to discuss the case with them, and observe how they communicate. See just how attentive the attorney was and if your concerns were understood.
Confirm with the lawyer the details of their billing and fees to ascertain if the fees for hiring their services are within the limits of your budget.
Pick out someone whom you feel comfortable with and who really seems to care about your case. A lawyer will make you more confident in handling divorce proceedings.
Also Read: How Asset Tracing Helps Recover Hidden Wealth in Divorce and Fraud Cases
