 |
Do You Need a Divorce Lawyer?Hiring a divorce lawyer is not required, however, it is advisable in many cases. |
Divorce is a legal procedure that requires compliance with state-specific laws. Each state's divorce laws are different and those governing child custody, property division, child support, spousal support or alimony are all complex. In addition, the court systems that administer state divorce laws are complicated.
To obtain a legal divorce you must clear many hurdles. First, you must determine which court has jurisdiction over your case. Next, you must establish valid grounds (e.g., fault or incompatibility), file for divorce and serve the petition. Then you must conduct discovery and resolve or litigate all disputed issues. Finally, you must obtain a final judgment or decree, which can take up to six months in states with waiting periods that give couples a chance to reconcile.
After the divorce is final you also must complete additional tasks such as changing title to property, transferring retirement funds pursuant to a Qualified Domestic Relations Order ("QDRO"), closing and dividing accounts and changing your name on all vital records.
You aren't required to hire a divorce lawyer to perform these tasks, however, it may be in your best interest to do so. If your case involves the division of property, child custody and/or support, a lawyer can address complex issues often overlooked by self-help resources. Additionally, a competent lawyer who understands the intricacies of your case and the common interpretations of law by the family court judges in your community can determine the best strategy for approaching and resolving your case. Thus, when your case involves complex issues, it makes sense to hire a lawyer.
If your case doesn't involve children or issues such as property division or spousal support, using self-help resources to file your divorce pro se (on your own) may be an effective way to minimize costs.
This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.
