Originally posted on http://www.konalawyer.com/blog/divorce-101-divorce-lawyer-tips/
Want to get a divorce, but not sure if you need a lawyer? Here’s a quick guide that answers all your divorce related questions.
Going through a divorce can be a devastating time for everyone involved. The love you once thought would be eternal has reached a point where it’s best for you both to go your separate ways. So, when do you need a divorce lawyer?
Not only are you dealing with the emotional aspects of this situation, but you also have to consider the legal side. And even just considering the legalities can feel overwhelming if you have no prior experience.
The first question many people ask themselves is do I need a divorce lawyer? Depending on the circumstances, you may or may not. Here are a few pointers on how to determine that based on your situation.
Rate the Tension Level
Obviously, a divorce is a very emotional time for you, your spouse, and your family. Feelings have probably been hurt, which can lead to a bitter situation when it comes to deciding the legal side of things. After all, it’s tough to stay unbiased once the heart hardens.
If the tension is too high, it’s going to be tough to sort things out among you and your soon to be ex-spouse. In this instance, that’s when you’ll need professional help to get things split up evenly.
Regardless of the tension level however, there are some legal factors to consider that you and the other party may not be aware of. For example, things like who makes more income, or debts accrued by one of you will both be considered. These types of added complexities can be difficult to discuss without some type of professional assistance, so if you’re worried about addressing them with your partner, you may want to speak with an attorney.
Having a divorce lawyer there will help take the emotions out of it and, thus, provide a smoother legal process.
The Reasons for the Divorce
IMPORTANT: if there is any violence involved, whether you’re the victim or at fault, contact a divorce lawyer immediately. That aside, here are some things to consider.
More often than not, the beginning of filing for a divorce isn’t mutual among you or your spouse. While you both have to agree to it, oftentimes one side is more obligated to proceed with it. With that, the reason for the divorce is a crucial in deciding whether or not you need to a divorce lawyer’s help.
Do you believe your spouse has been lying about a certain aspects of your marriage for a while now? Is that scenario flipped in which your spouse believes you’re lying about something when you aren’t?
Either of those situations can lead down a lengthy divorce process; one in which having a lawyer present can expedite it when necessary. In scenarios of mistrust, having professional help assisting you can force both parties to hash things out. And while that may be painful right now, it will help you both go your separate ways. Make no mistake: separations where trust has been lost in the relationship tends to be the most difficult divorce situation possible. Tension and emotions will obviously be at an all-time high, and you’ll need a legal presence to sort things out.
The Process is Dragging Out Too Long
Maybe you’ve noticed that the divorce process is taking way longer than it needs to be. You two haven’t been seeing eye to eye, and the whole situation is starting to feel like a giant game of tug of war. Not to mention, there are complications that can come with a prolonged divorce process.
For instance, did you know that if you took your children when you moved out, but didn’t get a temporary restraining order, your spouse can technically accuse you of kidnapping?
For some of you reading this, you know that your spouse wouldn’t ever stoop to that level. Others of you might feel that it’s a stunt your spouse may try to pull off, in which case you should contact a divorce lawyer right away.
Another reason it’s dragging out could be because neither of you understands the proper paperwork that needs to take place. Obviously, a divorce lawyer can help point you in the right direction there.
Hiring a Divorce Lawyer Sounds Financially Difficult
It can be tough going through the divorce process and thinking through all of the financial aspects to it as well.
If you were already in a bad spot before the divorce was discussed, you may find it overwhelming, or nearly impossible, to go hire the necessary legal help. However, there are options out there for you!
Reach out to your local bar association and seek their advice on your situation. They can let you know if you qualify for a lawyer, and if so, point you in the direction.
You Don’t Know Your Rights
If you’re looking to finalize the divorce to move on with your life, but are unaware of the rights that you both have in the process, you’re putting yourself at a disadvantage. And should your spouse be aware of their legal rights, but you aren’t… that’s even worse.
Rather than combing through research on the internet and giving yourself a false perception of the rights you have, reach out to a divorce lawyer so you can get all your questions answered, and have a professional whose only mission is to properly represent your rights.
So as to not overwhelm you, most attorneys won’t overload you with information. They’ll simply list out each right that you have at the proper moment. This will set the entire divorce up for success and help both sides reach as mutual of a split as possible.
Hire a Divorce Lawyer for Your Situation
Let these factors be a helpful guide to determine whether or not you need a divorce lawyer for your case.
If so, Pacific States Legal Group can help walk you through the best fit for your needs.
For more inquiries, please feel free to reach out to us via our contact us page, and we’ll be happy to discuss your options with you further.