Do You Need a Lawyer for a Divorce?

Rarely is divorce easy. This is why it is important to be as informed and prepared as possible. Some people believe that they can handle a divorce on their own. Frequently, those folks wish to lower costs by not hiring an attorney. Perhaps they possess a higher risk tolerance for the unknown or are confident in their abilities to figure out legal procedures, substantive law concepts, and legal jargon. Or they want to rush through the divorce, fearing their spouse may get more if lawyers are consulted. Or they think if they just put enough time in with Google, they’ll be able to answer all the divorce questions that arise.  In fact, Google makes us think we can solve all our problems if we just put enough time into “researching” the answers.

In this post, we’ll discuss the question, “Do you even need a lawyer for a divorce?” But first, let’s begin by stating you can do whatever you want. Your decision is a personal one. But know, you are responsible for taking action in your divorce (legally supported or not). This is true even if you were NOT the one who initiated the divorce process.

Do You Need a Lawyer for a Divorce?

No, you are not required to obtain an attorney. You are free to represent yourself. 

However, it is always a good idea to consider consulting with an attorney to learn what your legal obligations and entitlements are. Check out “Questions to Ask a Divorce Attorney at a Consultation” as a starting point for preparing for that meeting and the best topics to explore.

For example, you will want to explore:

• If you entitled to child support, spousal maintenance, or a portion of the value from your spouse’s business 
• Or because you make more money, will you have to pay spousal support? If so, how much and for how long?
• Are you responsible for your spouse’s credit card debt, student loan debt, and other debts?
• How will assets and debts be divided? 
• How will you create your custody agreement? What are the best schedules?

These are all common questions that an attorney in your jurisdiction is best equipped to answer.

While retaining an attorney for a divorce can be costly, it can be much costlier if you represent yourself and do not know the substance of the law and the procedural process involved in a divorce. This is especially true if there are children involved, you were married for a long time, and there are significant assets, including properties, businesses, and debts, involved. An attorney may be a critical asset if you are unable to settle or arrive at an agreement with your spouse directly.  You may need a legal advocate to stand up to your spouse, especially if you’ve been in a controlling or abusive marriage.

If you and your spouse still cannot settle with the help of attorneys, you may then have to go to court, and the matter becomes contested. When that happens, parties must litigate in court before a judge or referee. An attorney, representing you and advocating for you, can set your expectations and prepare you for what the court experience will be like.

Do You Need a Lawyer for an Uncontested Divorce?

Again, the answer to this question is no.  It should be far easier to represent yourself in an uncontested matter when you are not before a judge or referee in Court.  

Learn what the 5 advantages of an uncontested divorce are by reading this SAS post.

However, while you do not need an attorney for an uncontested divorce, it may still be helpful and advisable to consult with one even if you believe that you and your spouse will agree on all substantive issues. The goal of an uncontested divorce is for you and your ex-partner to resolve all pending issues, including child custody, visitation, spousal maintenance, child support, and equitable distribution. Once you have a verbal agreement in place, you can convert it into a written, signed, and notarized agreement for submission to the Court along with the other necessary uncontested divorce paperwork. In return, your agreement will be returned to you once evaluated and stamped by the Court. Read here to learn the difference between a divorce decree and divorce certificate.

Online or DIY divorces work best when there is a level of mutual respect and trust amongst the parties. They are more common in short-term marriages without children and in cases with limited and simple assets and debts.

Do You Need a Lawyer to File for a Divorce?

You do not need a lawyer to file for a divorce. 

Anyone can purchase an index number, commence an action, and arrange for personal service of the other party. Just remember that you can never serve the other side with divorce paperwork because you are a party to the action. Any adult who is not a party to the action or a process server can effectuate the process. You may also wish to retain an attorney for a consultation if you have procedural questions about commencing a divorce action. 

You will want to ensure that you are filing all of the correct documents. In New York State, this means filing a summons, complaint, notice of automatic orders, notice of guideline maintenance, and notice about the continuation of healthcare coverage.

What If We Go to Mediation? Do We Need Separate Lawyers?

No, you do not need separate lawyers for divorce mediation. 

However, it may be very beneficial to consult with a divorce attorney outside of the mediation process, and/or have an attorney of your own review the mediation agreement at the end to ensure that you personally are being treated fairly in the divorce. The purpose of mediation is to avoid trials, help the parties communicate, identify key aspects of the divorce, and reach an agreement. Unfortunately, there are times when one party may not be fully transparent, or one party may not want to fully speak up in a mediation situation. Allowing an independent lawyer to review the agreement can still keep you out of trial, but can help you get the best outcome for you.

Visit here to learn how to find a good divorce lawyer. 

Why Might a Lawyer Be a Good Idea if You Are a Woman

Consulting with an attorney is especially important if you are a woman and thinking about divorce.

While it may be tempting to just rush through the divorce legal process or to quickly elect for an online divorce, do not trust your soon-to-be ex-spouse to advise you of your legal rights accurately. If your soon-to-be ex knows you prioritize peace and harmony for everyone in the family over your own interests—or if they tend to manipulate you—it’s especially important to seek advice from an attorney.

Remember that information is power, and seeking out legal advice for a consultation does not mean that you need to retain an attorney. You can simply consult with one and ask your questions.

The bottom line is that every person is different. What works for one person in a divorce may not work for someone else. Only you can decide whether having a divorce attorney is right for you. And if you do retain a divorce attorney, make sure it is someone whom you feel comfortable asking questions to and who is responsive to your needs.

NOTES

A zealous advocate for her clients, Meredith L. Singer is an experienced NYC divorce attorney who strives to keep legal representation affordable and accessible.

If you live in New York City or Brooklyn, schedule your free 15-minute consultation with Meredith by emailing her at meredithsingerlaw@gmail.com

Visit her website here.

 

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”