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Is a lawyer required for a Divorce?

11 Answers

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  • 1 decade ago
    Favorite Answer

    The short and simple answer to your question is no, you do not need an attorney to file for a divorce. However, I make the analogy to persons considering self-representation to that of a person who has a cracked tooth or a broken arm deciding to fix themselves without a dentist or doctor. Can they fix the problem? Certainly. Will they enjoy the long-term ramifications of the “do-it-yourself” fix? Almost certainly not.

    In most states, litigants who choose to represent themselves pro se rather than through counsel are held to the same standards as if they were an attorney. This means that even if they don’t understand the legalese language or the potential ramifications of the legalese language being used in their divorce decree, the pro se litigant is generally going to be bound by what they produce.

    There are numerous horror stories of people who thought they knew what it was they were agreeing to in their divorce documents, only to find out later that they forgot to include provisions for the spouse remaining in the home to refinance the debt, or they forgot to include hold harmless language, and when all the person wants is to move on with their life, they cannot get approved for new credit, or get sucked back in to legal woes with their former spouse who decides not to pay on joint obligations he or she agreed to in the decree.

    Many times, the pitfalls associated with a poorly constructed settlement agreement can wind up requiring a party to press the “reset button” on their finances by filing a bankruptcy petition.

    Problems can be amplified further in dissolution or paternity matters involving children. Litigants choosing to go it alone often are entering a courtroom for the first times in their lives, and have no training on the rules of evidence or have no idea what it is their family law judge will be looking for in making a divorce and child custody determination, or in reviewing their former spouse’s relocation or modification petition.

    Family law attorneys, particularly those who limit their practice solely to domestic litigation, have spent years honing their skills not only in court, but also on a pre-trial basis in preparing the case for trial through discovery and deposition processes.

    You might want to check out DadsDivorce.com, even if you are not a father, as they have many articles in relation to Pro Se as well as other topics surrounding men and divorce. You might also want to ask your question in the forum section of DadsDivorce.com to see what other guys who have been through divorce would have to say.

  • ?
    Lv 6
    1 decade ago

    No. All you need is the proper paperwork, filled out properly and to file at the court. Show up on the date they tell you, tell the judge you are representing yourself. I did this once, but I got someone to fill out the paperwork for me, so I was sure it was all done right. You pay them a small fee for doing it. Much cheaper than a lawyer. You should be able to find them in the phone book or online, under something like divorce consultants, or divorce assistance.

  • 4 years ago

    I would desire to come to one in each and every of two conclusions: a million. you're a troll (what does spirituality would desire to do with your query?). 2. you're so homophobic, that's frightening to handle your factors (won't be in a position to have faith i'm easily justifying this crap with a reaction): a million. legal specialists bill by utilising the hour. new child custody = extra time = extra money. If there is not any custody conflict in you good judgment, there could be much less money for the lawyer. 2. Assuming there is ANY certainty to that, so what. human beings will circulate deep into debt to pay criminal expenditures. 3. All i will say is WTF?

  • 1 decade ago

    My ex and I went to a mediator. Even though we had children and property we were both mature enough to realize that getting TWO attorneys (one for each of us) was going to cost a lot and take away from things the children needed. Mediators are so inexpensive compared to attorneys who will drag out a case to get more $$. However, if your spouse is not reasonable you may have no choice but to get an attorney.

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  • 5 years ago

    you can divorce without a lawyer if that's what you mean

  • Anonymous
    1 decade ago

    Not required but i personally think its a necessity

    Victory is Mine

  • Sue B
    Lv 7
    1 decade ago

    NO not unless there is a lot of assets to be fighting over then you'd want to cover your own assss.

  • Anonymous
    1 decade ago

    Not unless there is something like any property or child custody disagreement involved

    Source(s): ..very simple
  • Anonymous
    1 decade ago

    I think it's better yes.

    More legal.

    Take Care.

  • 1 decade ago

    not unless you are splitting ANYTHING (children, money, ect)

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