Do I Need An Attorney To Get A Divorce?
Technically, it is not required for you to have an attorney to get a divorce. That being said, in most cases, I would almost always recommend consulting an attorney to ensure the best outcome for you and your family.
The only time that I would feel comfortable advising you not to have an attorney when you’re getting a divorce is if both you and your spouse are in total agreement about the terms of your divorce, and you have a divorce that is simple. That is to say, there are no children involved, there are no pensions involved, no real estate involved, and both you and your spouse are either on similar or the same financial footing. Those are the only circumstances in which I would say you probably don’t need an attorney.
On the other hand, even if you and your spouse are in agreement as to the divorce terms, but you have children, you have real estate, you have pension plans, and/or one of you is in a better financial footing than the other, then I would recommend strongly that you get an attorney involved. The reason I say this is because once you sign an agreement, it will be binding and difficult to reverse. You want an attorney who knows the laws to help you make sure that the agreement is written correctly and to avoid any mistakes that might have be made because of your emotional state at the time of the divorce. You don’t want to take the divorce process lightly, as I said, it is a binding agreement that is very difficult to reverse.
Another scenario in which I would highly recommend you enlist an experienced attorney a is if your spouse has hired an attorney. In that situation, I don’t feel it would be wise for someone to defend their divorce against a seasoned attorney who knows the law in much greater detail. I would recommend strongly that if your spouse has an attorney, that you also hire an attorney.
A final reason to hire an attorney is of course if you and your spouse do not agree on the terms of the divorce. Then you would have to go to court and fight your battle in front of a judge. In that situation, I strongly believe that an attorney is necessary to protect your rights.
If you’re considering divorce, contact our office to discuss your situation in greater detail. Set up a consultation by contacting our office at (702) 998-1188, emailing firstname.lastname@example.org, or scheduling a consultation online.