Divorce: Do You Need a Lawyer?

Drag to rearrange sections
Rich Text Content

If you're considering divorce, you might be overwhelmed by the volume of information that is available online. It's not surprising that in the age of internet-connected technology, there are a myriad of self-help sites, blogs as well as legal advice websites accessible to you. What will happen if you take the incorrect advice and make an error when filing your divorce? What if you aren't able to interpret your state's divorce laws and lose your marital property during your divorce? While most states do not require that you hire a lawyer, in some cases it could be the most effective method to safeguard your rights in the event of divorce.

Negotiate Your Divorce, Without a Lawyer

While divorce is among the most complicated and emotional legal procedures in the field of family law, most couples don't require assistance from the courts in order to dissolve their marriage. When you are and your partner in agreement regarding what you would like for your loved ones, you might be capable of negotiating the divorce settlement by yourself.

If the spouse and you are deciding to separate, provided both of you can communicate, you should discuss each of your preferred outcomes regarding visitation rights, child custody and children's support, division of the property and Alimony. It's not a surprise that children perform better following divorce if parents are able to maintain a positive relationship with their child as well as their spouse.

An Lawyer Can Explain Your Rights

While you may be reluctant to employ lawyer to guide you through the divorce process it is important to know that local, experienced עורך דין גירושין are knowledgeable about the law, specifically in relation to the state you live in. Every state has distinct divorce laws. If you're not confident that you can interpret the statutes and properly complete legal documents it is recommended to consult an lawyer for family law within your local area.

It's recommended to talk to a couple of lawyers before settling on one. It is essential to ask if the lawyer is in favor of alternative dispute resolution or mediation, to resolve disputes. If so, your lawyer will likely not advocate for a trial unless your spouse isn't cooperative or unreasonably. If the lawyer you are interviewing isn't experienced in settlements, negotiations, or is a fierce advocate for litigation, you may want to continue in your look.

Consider Collaborative Practice for Your Divorce

Although the majority of lawyers are prepared to employ alternative divorce methods including mediation, a few are exploring a different divorce procedure that is known as "collaborative practice," which is when the parties, lawyers and clients agree, in advance, to not take legal action in the courtroom. In collaboration, both sides are willing to share information and negotiate the settlement.

To use this process, you and your spouse will have to be in agreement to an agreement to a collaborative divorce, and you will need to engage an lawyer who is a part of the collaborative. The lawyers of both spouses must sign a document that stipulates that if they are unable to reach an agreement via the collaborative method and each party will be assigned an lawyer new to take on the case.

When Should You Hire A Lawyer?

There are some situations in which you must always seek out a lawyer. If there is a history of violence against children, domestic violence or substance abuse or sexual abuse lawyer's help is the best method to safeguard your rights. When there's power imbalance or conflict between spouses the ability to negotiate a fair deal can be impossible.

If your spouse employs a lawyer, you must follow suit. While you may think you have the right to defend yourself during your divorce proceedings, in the event that one party has an lawyer while the other side doesn't typically results in the party who is not represented walking away with a sloppy deal. Make yourself an offer and engage a lawyer to level your playing field.

Read More: מזונות ילדים

rich_text    
Drag to rearrange sections
Rich Text Content
rich_text    

Page Comments