Do You Need a Divorce Lawyer?

How do you know during a divorce, if you needs a divorce lawyer? There are some situations in which representing yourself in court is preferred. However, there are also many good reasons to get a divorce lawyer. The decisions you will have to make during a divorce or the breakup of a marriage will be paramount to your future, but considering all options and deciding on legal representation will likely be the make-or-break decision depending on a few aspects of your situation.The cost of divorce proceedings may be a consideration for you but the long-term considerations of not having the best overall outcome may outweigh the short-term pain of the costs you might incur.

What you have to decide is whether not having a divorce lawyer representing your interests will be "good enough" for your long term needs to be met.

The Case For Self-Representation in Divorce Court

There are some very specific situations where your risk of self-representation are minimized and worth evaluating. General guidelines may not apply to your case but they are at least worth reviewing.

Review this list to see if your situation is covered:

• Both husband and wife worked during the marriage, in jobs generating similar incomes,
• They have no minor children together
• They have accumulated no property to speak of
• Both partners are excellent, involved parents to their minor children and each one wants the other to remain very involved in their lives
• They are able to agree on how to divide marital property and all child support issues
• Their agreement provides sufficiently for the care of the children and visitation with the non-custodial parent is properly setup
• Probably, their agreement is not obviously inequitable in the area of financial matters

Various combinations of the above might describe your situation more accurately or completely as those are general areas, when combined into the overall picture can represent a best case scenario the considerations in any divorce action.

The Case Against Self-Representation in Divorce Court

Some other situations will point to major potential future issues and consideration should be given them. These should be reviewed in order to determine if a lawyer is needed. These are the risky situations in self-representation cases:

• Criminal records exist
• Domestic violence with possible child abuse
• Sexual abuse accusations
• Non-physical abuse accusations (verbal, emotional, psychological, psychic, etc.)
• Neglectful and/or irresponsible behavior
• Mental illness
• Physical disability or other significant health issue
• Mental competency issues (example, Alzheimer's disease)
• Alcohol or any other substance abuse
• Abandonment
• Poor parenting skills or judgment
• Illegal immigrant status
• Overextended financially and on the verge of bankruptcy
• A privately held business is involved
• Defaulting in financial obligations such as court-ordered support of other children or previous spouse
• Hiding assets
• Work for cash payments
• Willful refusal to work for a living
• Recently moved to another state or country, particularly if a child of the relationship was taken
• Threatened to run off with the children
• Limit or interfere with visitation of the children
• Badmouthed the other to the children
• Other is able to support the children without assistance
• Warned that he or she will not provide any financial support where the other partner may be entitled to it just plain disagreeable for the sake of it
• Lawyer(s) have become disagreeable or extremely aggressive, contentious and intimidating
• The case has already started and the judge has strongly encouraged you to hire a lawyer or really doesn't seem to be seeing things your way at all.

• If you need help with a Divorce, Click here for a Free Case Review from a Divorce Lawyer near you. The content of this website is provided for informational purposes only and should not be taken as legal advice.