Divorce is a time of transition for families. That transition can be a daunting process, but it can also be less painful based on how a couple handles important decisions. If you have decided that divorce is necessary, you may be wondering if both partners need to hire lawyers. Whether you hire legal counsel depends on many factors, including the complexity of the situation and the circumstances that led to the divorce. Here are some options to consider.
It is possible that you and your partner are able to reach an agreement about all of the issues in your divorce without legal help. For an uncontested divorce, you will need to agree on all factors, including:
- The fair division of all your shared property
- The fair division of any shared debt
- If you have children, how you will handle custody issues, including parenting responsibilities and time, as well as the amount and duration of child support
- The amount and duration of any alimony
If you are able to agree on all of these factors, you can file a divorce settlement agreement that describes all of the terms of your divorce. You will need to file court forms, and a judge will likely need to approve the final settlement agreement.
Obviously, the process of an uncontested divorce works best when the relationship does not involve minor children or complex investments in property. Although some couples can handle most aspects of an uncontested divorce without counsel, you may want to hire a lawyer to review your settlement agreement and ensure that you have not made any mistakes or given up legal rights.
Mediation From a Neutral Attorney
Lawyers can be expensive, so another option to consider as you begin the divorce process is for both partners to work together with a neutral attorney. While a mediating lawyer cannot give legal advice to either spouse, they understand divorce law and can help couples to identify the factors they will need to resolve.
Mediation is confidential and may be a good step before tackling your divorce on your own or with individual lawyers. If you are unable to reach an agreement through mediation, you can still take your divorce to court.
Divorce Lawyer Services
If you have complex finances or issues with custody that will be difficult to resolve, you may need to hire a divorce attorney. A single divorce attorney typically cannot address the best interests of each spouse, so divorcing partners will each need their own attorney. An experienced attorney will help you to understand your legal rights, research your spouse’s finances, and ensure you have the best chances for a fair custodial agreement. If you still have questions contact a litigation law firm and see how Brown Kiely LLP can help you today.