Are you and your spouse wondering if you need a divorce lawyer? The answer is it depends on your state’s laws and what your specific situation is.
Generally speaking, your divorce will go smoother if you don’t have to rely much on divorce attorneys and the courts. That being said, do you need an attorney?
You Might Not Need A Divorce Attorney
If you and your spouse can work on issues together, then you both will probably fair better in the long run. These issues include custody of kids, support and things of that nature.
When you guys work together, then you’ll have more control over crucial issues. If you had attorneys involved or went to court, then you wouldn’t have that much control. Plus, working together means saving time and money. More importantly, it won’t subject your kids to situations that could be avoided.
If you and your spouse can agree on major issues in your divorce, then you can request a divorce in writing. This option is becoming more popular, and more and more courts are responding to such requests favorably. However, you might need to hire an attorney or go to court, but this depends on the state the divorce is taking place. The good news is that even if you had to go to court or hire a divorce attorney in the event, you agree with significant issues, then things should still go smoothly.
Keeping Tensions Low
Divorces can bring about many intense emotions. Hiring a family lawyer Maple Ridge might result in you not getting the solution you desired. If you do decide to use a divorce attorney, then take the time to find the right one to represent you. Hire an attorney with a good track record.
Some divorce attorneys will take on issues for their client that would seem a bit trivial. If your spouse ends up hiring an overzealous attorney, then you might be forced to use an attorney that is enthusiastic and aggressive too. However, the chances are the divorce will turn even more stressful and ugly and drawn out. Money could run out also, both for you and your spouse due to attorney charges, and this could cause you to come up with a settlement.
Just when you think a divorce can’t get worse, it can when there are kids involved. Many people believe that children’s sense of security decreases as a result of how long a divorce proceeding goes on for.
If You Get An Attorney, Get Your Own
Generally speaking, you and your spouse won’t be able to hire the same divorce attorney. This is due to ethic rules that attorneys have to adhere to. However, some states do allow joint representation.
If you and your spouse agree on most issues, then you might be able to receive joint representation. Sometimes collective representation will work, but in many cases, it does not and will not.
A collaborative practice is an agreement between you and your spouse, as well as attorneys. This agreement states that you and your spouse will try to settle and not litigate. If you use a collaborative practice attorney, then they may want your spouse to hire one too. If your spouse doesn’t, then your attorney be not end up representing you.
Not only that but if a settlement can’t be reached and if the divorce ends up in ligation, then you’d need to find another attorney. A collaborative practice agreement negates financial incentives for lawyers to push for litigation or to draw out discussions.
When You Might Need To Hire A Divorce Attorney
There are several situations in which you should hire a divorce attorney. If there has been issues with domestic abuse, then you will definitely want to hire a divorce lawyer. If you believe your spouse is being vindictive or lying about certain things, then you’ll want to take action to protect your interests. The best way to do this is to hire an experienced divorce lawyer.
In general, if your spouse has hired a lawyer, then you should too. If your divorce involves complex financial issues or if there are kids involved, then you’ll want to hire an attorney. Divorces can be much more difficult when a person has to deal with emotional issues and complex issues without representation.
If you cannot afford to hire an attorney, then contact the local bar association or local legal aid office. You might qualify to receive an attorney at no charge, or you might be eligible for reduced costs. If you don’t qualify for anything, then you might still be allowed to ask questions while you go through the divorced process.
Do you believe your children would be at risk of being harmed by your spouse? Are you afraid they will take your property? If so, the first thing you need to do is get a restraining order and go somewhere safe with your kids. Don’t just take off with the kids because your spouse may call the authorities and tell them you kidnapped the kids.
Also, if your spouse has a history of abuse, then contact authorities right away. You do not want to put your life at risk or your children’s lives.
Additionally, withdraw money from joint accounts you share with your spouse. Use that money to get to a safe place, but only take what you need. While you’re at it, it’s a good idea to apply for spousal support.
Mediators are just that. They work with spouses and meditate between them. They are trained at helping both sides get their emotions in check and encourages the parties to focus only on the facts. Attorneys are typically not allowed to work with both spouses at the same time, but mediators are allowed to do so, which means there is no communication delay. Besides that, mediators will not advocate for only their clients. This is why many successful settlements have come as a result of mediation.