Do I need a lawyer?

You’ve made the decision to separate from your spouse. You may or may not have discussed this decision with your spouse.  Either way, you don’t know what to do next.   How do you decide?   Well, you need to look at a variety of factors:

• Assets/Liabilities – Do you and/or your spouse have a lot of assets (i.e. stocks, bonds, investment properties, 401(k), etc.) to split up?  Conversely, do you have debts that you need to divide?

• Children – Is custody going to be an issue?  Will you and your spouse have trouble agreeing to a time sharing schedule?  Do you need help calculating child support?

• Home – Do you own your home or rent your home?  Did one of you own the house before you were married or did you buy it together?

•  Length of Marriage – How long have you been married? Will you or your spouse be seeking alimony?  Do you know if you are entitled to alimony?

• Communication with Spouse – Have you talked to your spouse about divorce or separation?  Are you in agreement that a separation is imminent?  Are you and your spouse able to communicate effectively and amicably?

• Financials - Can you afford to hire a divorce lawyer?  How much can you afford to spend on a divorce lawyer? Can you afford to pay court costs and expenses associated with a litigated divorce?

• Adultery  –  Have  either  you  or  your  spouse  committed adultery?

These are just a few of the things that you should consider before deciding to hire a divorce lawyer.  Generally, the decision regarding whether or not to hire a lawyer should be fairly easy. 

 

You probably don’t need a lawyer if all of the following apply:

• You have talked to your spouse and you both have decided to seek a separation and divorce;

• You do not have any children;

• You do not have any real property (i.e. you rent your home/apartment);

• You  can  divide  up  any  assets  you  have  without  the assistance of a lawyer;

• You cannot afford a lawyer, or would rather not spend your money hiring a lawyer;

• Neither you nor your spouse have been unfaithful; and

• Neither you nor your spouse require payment of alimony.

 

The above criteria most frequently describe a couple who decided to get married after a short courtship.  Both husband and wife recognize that they made a bad decision, and have mutually decided to go their separate ways.    This divorce is usually amicable, and the parties may stay friends afterwards.

 

If this situation describes you, then you probably don’t need a divorce lawyer. However, it is always a good idea to have your divorce documents reviewed or drafted by a divorce attorney. In fact we offer “Do-It-Yourself” divorce packages that includes a divorce planning session, to ensure you really are a good candidate for a do-it-yourself divorce, and attorney drafted divorce documents, so that you can have peace of mind knowing that you are purchasing the right documents for your particular situation.

 

You may need a lawyer if:

• You  have  talked  to  your  spouse  and  both  of  you  have agreed to a separation and divorce;

• You have minor children, and although you agree on the custody and visitation, you still need to calculate child support;

• You are intimidated by the courthouse and/or the thought of going in front of a judge by yourself;

• You are overwhelmed by the amount of paperwork that you must fill out to get a divorce;

• You  are  unsure  of  your  legal  rights  and  are  afraid  to proceed without consulting a lawyer;

• You  are  able  to  divide  up  all  of  your  assets  with  your spouse, but you don’t feel comfortable drafting a legal settlement agreement;

• You are willing to pay for a lawyer in return for the peace of mind that comes with not having to handle your divorce on your own; or

• Your  spouse  hired  a  lawyer  who  has  drawn  up  all  the paperwork and you want someone to make sure it is legally correct.

 

If the above characteristics describe you, then you may want to consider hiring a lawyer.   In all likelihood, if you have already divided up your assets and liabilities, and you are in agreement about who will be taking the kids, then you probably  can  proceed  to  handle  the  divorce  on  your  own using our Do-It-Yourself Divorce Package. However, if you are the type of person who feels overwhelmed by the legal system, or will forever be second-guessing yourself for signing the documents that your spouse’s attorney prepared, then hiring a lawyer may not be such a bad idea.

 

In this situation, you could probably hire a lawyer to handle what is called an “uncontested divorce”.  If your divorce is truly “uncontested”, then most lawyers (myself included), will agree to draft all the paperwork necessary to complete your divorce, will give you legal advice regarding the settlement you have reached, and will even go to court with you to finalize your divorce.  The best part?  Most lawyers will do all this for a reduced fee, or possibly a flat-fee. I offer my Uncontested Divorce Packages for a flat fee. If you decide that you want me to handle your uncontested divorce, you will pay one affordable flat fee, in addition to the costs for filing the case with the court. To make receiving legal assistance more affordable, I also offer flexible payment plans.  Thus, you can get the divorce help you need without having to worry about breaking your budget, being billed hourly, or receiving an expensive attorney bill later.

 

You should be prepared to hire an attorney if…

•    You have not talked to your spouse, or you have and they do not agree to a separation or divorce;

•   Your   spouse   left   without so much as a good-bye (unfortunate, but it does happen);

•    You have minor children, and you and your spouse have not agreed to custody or visitation, let alone child support;

•   Your spouse is unwilling to pay child support;

•    You are unable to divide up all of your assets and debts with your spouse;

•   Either you or your spouse have committed adultery;

•    You  own  a  business,  or  have  a  large  amount  of  assets (some  of  which  may  be  non-marital)  that  you  want  to protect;

•   You are afraid that you might have to pay alimony;

•   You feel that you are entitled to receive alimony;

•    You are intimidated by the courthouse and/or the thought of going in front of a judge by yourself;

•    You are overwhelmed by the amount of paperwork that you must fill out to get a divorce;

•    You  are  unsure  of  your  legal  rights  and  are  afraid  to proceed without consulting a lawyer; or

•    Your spouse hired the most well-known and highly respected divorce lawyer in your area.

 

If the above characteristics describe your situation, you probably will want to hire a divorce lawyer to protect your rights. Even individuals with small salaries and very little assets will be impacted for years to come by the payment of child support or alimony.  Furthermore, you might be in a situation where there are a large amount of assets or debts that must be divided.  There may be tax implications involved when selling such assets.   You will want to make sure that you are no longer on the hook for debts that your spouse has incurred.   For any of these reasons, it is a good idea to consult with a competent divorce lawyer.

 

In this situation, I strongly suggest that you hire a lawyer.  You have what is considered to be a “contested divorce”, which simply means that you and your spouse have not agreed to all the terms of your divorce.  Although your divorce is contested, it does not mean that you have to participate in expensive, lengthy, and public divorce proceeding.  How much time your contested divorce takes to resolve depends mostly on the type of divorce attorney you choose, and whether or not you and your spouse are willing to try to remain amicable and negotiate a fair divorce settlement.  When you hire an attorney to handle this type of case, they may bill you hourly for the time that they spend working on your case or complete specified work for an agreed upon flat fee. 

 

During a contested divorce, your divorce attorney will likely negotiate with your spouse, or your spouse’s attorney, in an attempt to settle the case.  In addition, your lawyer will likely counsel you every step of the way to help you understand the legal process, and make informed legal decisions. By negotiating a settlement to your divorce, your divorce attorney is able to eliminate the need for a long, heated, and public divorce proceeding. This saves you time, money, and stress in the long run.  In addition it gives you the freedom to make decisions for your future, instead of having to abide by an order entered by a judge who doesn’t know you or your children. 

 

As most divorce cases are resolved without the need for a divorce trial, I offer contested divorce package in which I charge an affordable flat fee to assist you in negotiating a fair and reasonable divorce settlement with your spouse and your spouse’s attorney.  Additional services are also available for an affordable flat fee based on your needs.