Occasionally, the answer to the question, “Do I need to hire a Peek Family divorce attorney?” is hard to wrap your head around. If at some point you no longer require divorce counsel, it will have been money well spent for the information gathered and peace of mind alone.
However, there are a few situations when a divorce attorney is not required.
If, for instance, you came into the marriage with nothing, amassed nothing of value or worth together, and are leaving the marriage in a similar state, there may be no reason to engage the services of a professional attorney.
You and your soon-to-be ex can go to the local County Court, fill out the paperwork, pay the fee, and it’s a done deal.
When the time comes when you wish to retain counsel for your divorce, there are a few things you will want to know in advance.
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Each Case is Unique
There was a divorce every 13 seconds in 2021 in the United States. That totals 2,419,196 in a year. Despite that astonishing number, no two cases are exactly the same.
There are, however, some features that all divorces often share:
Heightened Emotions
No one goes through a divorce without experiencing some sort of heightened emotions.
Often these emotions are volatile and can negatively affect judgment, resulting in less desirable outcomes. Having a divorce attorney can help to stabilize a case by promoting an objective perspective to ensure that your divorce needs are properly met.
Confusion and Misinformation
It is estimated that 50% to 60% of marriages fail.
Even though divorce is a common occurrence, there is still a lot of uncertainty and misinformation about each party’s rights and responsibilities. Many who have endured the process do not share details due to privacy concerns, and others provide unreliable or biased information.
To get the proper answers to your questions, you need to consult with a professional.
Asset Distribution
Whether you kept your finances personal after marrying or shared fiscal responsibility, no one is ever happy when it comes time for the division of property.
There are many questions about how possessions and money are divided up during a divorce. Do you know what your legal rights are concerning your spouse’s future social security or pensions?
When contemplating if you need a divorce attorney, consider that the answers to your questions about your possible financial future can relieve significant stress.
Child Custody
If the couple in the marriage had children, understanding what the law states about custody in your jurisdiction is a primary concern. It is imperative to know what your parental rights are and what is required to limit or modify the parental rights of your spouse if necessary.
Transference of emotions is a common defense mechanism. Unfortunately, children are often used to punish the other party, or as leverage in the divorce proceedings.
A qualified divorce attorney can mediate for you in such sensitive matters, ensuring that matters are treated fairly in regard to everyone, especially the children involved.
Will Any Divorce Lawyer Do?
As you prepare to find a divorce attorney, remember that, because of your unique set of circumstances, not all divorce lawyers will be ideal for your situation. Some attorneys are stronger in certain aspects of divorce, while others may be better suited to handle different cases.
It can be helpful to rephrase the basic question in a way that resolves your major concerns in the divorce. For example, “Do I need to hire a divorce attorney with (custody) experience?”
One advantage of some legal firms is their versatility in numbers. Often in a group legal practice, there are associates with various amounts of experience to contribute in different scenarios. While you typically would want a relationship with a single legal partner, they will likely solicit input from their peers as necessary to benefit your case.
What Are Signs I Need a Divorce Attorney?
Despite divorce being more common than a successful marriage, there is still a lot of stigmas attached to these types of proceedings.
Often the initial feelings of failure, anger, sadness, and uncertainty overwhelm rational thought.
Here are some situations that seem to indicate a yes to the question of whether you need a divorce attorney:
- You are served divorce papers from your spouse’s attorney. There is little to debate in this scenario. Get a lawyer.
- If you are engaged in a trial separation. In this case, there is nothing legal in place in regard to child responsibilities, financial responsibilities, or timeline. If you are not living with your spouse, you need to hire a divorce attorney.
- You have been thinking about the quality of your relationship long enough. There comes a time when the possibility of separation exists. That is the time to seek legal counsel, not afterward when emotions are raging. Speaking with a divorce attorney to gather information can help you make the decision if you want to move forward.
- You are seeing someone else, and even if you are unsure of what direction the relationship will take, get a lawyer. It is best to take the time for counsel before the situation becomes a crisis.
How Do I Find a Divorce Attorney?
It may be worthwhile to consider how to find a divorce attorney before deciding if you need to hire one.
Two means to find a divorce attorney are:
- Word of Mouth – More than half of the people around you have been divorced at least once. Quietly ask trusted friends and family for recommendations; the news that you are considering separation will probably not be unexpected to those close to you.
- Search Engines – Whatever search engine you prefer will bring up a list of divorce lawyers in your area. Have a list of parameters like distance, cost, and online feedback. Eliminate prospective attorneys using your specific predetermined needs.
The Choice is Yours
Trying to decide if you need to hire a divorce attorney is a complicated matter. Because of the multifaceted aspects of each situation, it is ultimately a personal choice.
Ideally, this decision is based on rational thought and not emotional reactions, for stress, anger, insecurity, and sadness cloud important issues that concern your future.
Hopefully, you are considering options to resolve whatever issues made you question the need for a divorce lawyer. If you can remain amicable with your soon-to-be former spouse, you may be able to avoid the necessity of a divorce lawyer.
Nonetheless, it is good to be prepared, just in case.