Is a Lawyer Really Needed When Filing for a Divorce?

Do you want to get a divorce from your partner, but do not have enough means to hire a lawyer for yourself? Well, it is not always necessary to get a lawyer involved in a divorce case.

There are certain cases for each, when you need a lawyer and when you do not.

If you are faced with the dilemma – do I need a lawyer to file for divorce or not?, You can consider the article here.

So, when do you need a lawyer? Let’s take a look!

When can a lawyer be needed?

In most cases, a lawyer is involved when the couple has children so that a mutual agreement could be made between both the partners. Moreover, when there are shared marital assets to be divided, then a legal process is mandatory to make sure that each partner gets an equal and fair share.

Furthermore, in various cases, even when the partners mutually agree on everything, there are still some things that have not been figured out.  For example, when a child goes for higher education, who will bear those expenses? And what about the house – how will it be shared if one partner has to move out?

All these situations must be dealt with by a proper divorce lawyer who has enough knowledge about the terms and laws.

Further, for a divorce proceeding to be completed, a lot of paperwork is required by both the partners. This can be perfectly done with the guidance of a lawyer. There are so many things that you may not know, but a lawyer does. So, their assistance will be highly beneficial.

Further, if you are getting rid of your partner because they are abusive towards you, then you do need the help of a divorce lawyer in order to file a divorce. Also, to ensure that there are no future conflicts after the divorce regarding any matter, a good lawyer will do the best as they have enough experience to settle contracts between two parties.

Do I need a lawyer to file a divorce? The answer is ‘Yes’.

In what cases is a lawyer not needed?

Majorly, it is preferred that the divorce procedure should be done with the help of a divorce lawyer.

However, there may be some exceptions where if you do not want to get involved in all the court process, you can talk with your partner and file for a divorce. This can be done when the couple does not have children or are not expecting one anytime soon.  

In this case, a lawyer is not really necessary.

Another situation could be when a couple does not share any marital assets such as property, loans, debts, etc. So, there is nothing to be divided amongst the partners that are filing for the divorce. Also, you can go for an easy divorce when it has not been very long since you got married. It could be a short time like a few months.

For such situations, you can get the divorce only by filling up a few forms that can be obtained from a nearby courthouse or clerk’s office.

Besides, there are some measures that are needed to be fully considered before taking a divorce without a lawyer like, talk with your spouse about any future problems that might incur related to your marriage, what to do in case one of the partners decides to marry someone else. Also, sort out that who will pay for the current loans, debts or mortgages (if there are any) or will you split it up equally?

It is also very important that you decide whether the wife will change her maiden name back to her previous name.

If you think that the divorce is a no-fault divorce, that is there are no serious reasons for ending the marriage, and it just seems to be the better choice to part ways then, a lawyer is not a requirement. You can do it yourself by getting all the documents signed and handed over to the courthouse or the local clerk.

Do I need a lawyer to file for divorce?

Whatever you decide to do, you must know that hiring a lawyer can be beneficial for both the parties. And, it can prevent any signs leading to future disputes among the two parties.