If you are facing the break up of your marriage, do
you need a divorce attorney to handle everything for you? With
the cost of a divorce, it's understandable that many people consider
handling the paperwork and court filings themselves. In some
cases, this is a viable option and one that can save you
money. In other situations, it's not a very smart move.
The article below can give you some tips about whether you need a
divorce attorney for your case or not.
Do You Absolutely Need a Lawyer for Your Divorce or Custody Case?
Your interests can always be better
represented by an attorney. You already know that. But are there times when
self-representation is, well, "good enough"?
The following are some very general guidelines about the safest situations in
which to represent yourself and the riskiest situations for self-representation.
Needless to say, these general guidelines may not apply in your particular case.*
Safest Self-Representation Cases:
A marriage in which both partners worked
throughout the marriage, earn comparable salaries, have no minor children
together and have accumulated no property together to speak of, especially if
the marriage is very brief to relatively brief
A marriage in which neither partner worked steadily or earns much money, they
have no minor children together and they have accumulated no property to speak
of, especially if the marriage is very brief to relatively brief
A very brief to relatively brief marriage in which the partners have no minor
children together and have accumulated no property to speak of
A marriage in which both partners worked throughout the marriage and earn
comparable salaries, have accumulated no property together to speak of and where
both partners are excellent, involved parents to their minor children together
and each parent wants the other parent to stay very involved in the life of
their child(ren)
A marriage in which neither partner works steadily or earns much money, they
have accumulated no property to speak of and both partners are excellent,
involved parents to their minor children together and each parent wants the
other parent to stay very involved in the life of their child(ren)
Any marriage in which the partners have no children together and they are
aware of and able to agree on how to divide all property and all support issues
and, probably, their agreement is not patently unfair
Any marriage in which the partners are aware of and able to agree on how to
divide all property and all support issues, their agreement provides adequately
for the care of the children and reasonable visitation with the non-custodial
parent and, probably, their agreement is not patently unfair in regard to
financial matters
Riskiest Self-Representation Cases (or Do Yourself a Big Favor
and Figure Out A Way to Retain a Lawyer):
either partner has a criminal record
either partner is accused of domestic violence, including child abuse
either partner is accused of sexual abuse
either partner is accused of non-physical abuse (verbal, emotional,
psychological, psychic, etc.)
either partner is neglectful and/or irresponsible
either partner suffers from inadequately treated mental illness
either partner has a physical disability or other significant health issue
either partner is not mentally competent (example, Alzheimer's disease)
either partner abuses alcohol or any other substance
either partner is accused of abandonment
either partner is accused of poor parenting skills or judgment
either partner or caretaker of children is accused of illegal immigrant
status
either partner is overextended financially and on the verge of bankruptcy
either partner owns a privately held business
either partner has a history of defaulting in financial obligations such as
court-ordered support of other children or previous spouse
either partner is believed to be hiding assets
either partner is believed to work for cash payments
either partner has a history of willful refusal to work for a living
either partner has recently moved to another state, particularly if a child
of the relationship was taken
either partner has recently moved to another county, particularly if a child
of the relationship was taken
either partner has threatened to run off with the children
either partner has tried to limit or interfere with visitation of the
children
either partner has badmouthed the other to the children
either partner has stated that the other is able to support the children
without assistance
either partner has warned that he or she will not provide any financial
support where the other partner may be entitled to it
either partner is just plain disagreeable for the sake of it
the other partner's lawyer is just plain disagreeable for the sake of it
the other partner's lawyer is consistently extremely aggressive, contentious
and intimidating
the case has already started and the judge has strongly encouraged you to
hire a lawyer or
the case has already started and the judge really doesn't seem to be seeing
things your way at all
(*This article contains only general legal information and not specific legal advice.)
