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Divorce Information: Should I Get a Laywer?

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Divorce Information: Should I Get a Laywer?

This is the point of this article: Get a lawyer. You and your spouse may want to handle your own divorce—and in the "On Your Own" section, we have given you some tips on doing so—but we would be remiss if we did not point out the various pitfalls of doing so.

If you were married only a short time, were no minor children from the marriage, little or no marital property or debt to divide, just the formalities of paperwork, you can obtain a divorce quite easily, even possibly an annulment if the length of time is extremely short (i.e., days or hours). However, the court will hold you to the same standards, rules, and proper procedures for filing as an attorney. It is about seeing the big picture!

A good divorce lawyer will advise you about your rights and can spot any inequities or mistakes in a proposed settlement. A good lawyer can tell you the pros and cons of filing without legal representation (in pro per or pro se) in your specific case. You may have a good handle on what you want now, but what do you know about the rights and/or needs you will be facing once the divorce is over? An experienced attorney can advise you on any long-term issues that could impact you down the road (i.e., property division, tax ramifications, child support adjustments or termination). If you find yourself emotionally incapacitated or at a disadvantage when it comes to bargaining, an attorney can (and should) step in on your behalf.

A good lawyer will also know the laws and trends specific to your state, and how your local family court would apply them to your case. The experienced local attorney is invaluable as a resource that’s able to take into consideration the personal biases of the court and their and peculiarities in family matters. Finally, only an attorney can ensure adequate disclosure. That way no one can later claim that he or she was taken advantage of by the opposing party or others.


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