Do I Need a Divorce Lawyer If We Agree on Everything?
Wondering whether you need a divorce lawyer if you and your spouse agree on everything? The short answer is, yes and no. No, you don’t need a divorce lawyer if you feel comfortable preparing and filing all of the paperwork yourself. Yes, you do need a lawyer if you want to receive legal advice that can help you avoid some of the major pitfalls of “do it yourself” divorce.
If you are still married and thinking about getting divorced, you should know that Collaborative Divorce is one of the most peaceful divorce options. There are many benefits of choosing a collaborative process when you want to promote a healthy separation.
You Probably Aren’t Including ‘Everything’
Most couples think they agree on everything but are unaware of what “everything” includes. Most separating spouses aren’t aware of what should (or must) be included in divorce agreement. It isn’t enough to say “we’re splitting everything, including time with our children, equally.” You should include a detailed parenting time schedule, specifics about spousal maintenance and child support (if applicable), provisions regarding life insurance beneficiaries, how retirement accounts will be divided, details about the sale of your family home, etc. And these are just a few of the many issues that may affect your family.
DeTorres&DeGeorge says, “It is essential that you work with an experienced attorney who can help you create a divorce settlement agreement that is complete and covers all of the issues and agreements involved in your divorce.”
A Lawyer Will Help Properly Draft the Agreement
You can create your own divorce agreement but keep in mind that this agreement will govern your rights and obligations in the future. According to AndrewFicherLaw, “One misplaced word in the agreement may result in major unintended consequences down the road. Divorce lawyers are trained in legal writing and analysis, and will make sure the agreement is drafted properly.”
If you are planning on creating your own divorce agreement, you should consider using a lawyer to at least review the agreement before you sign it. If you can complete legal paperwork and interpret statutes well, you don’t technically “need” a lawyer, but if the reverse it true, you might want to get a lawyer on your side.
A Lawyer’s Advice May Prevent You from Signing an Unfair Agreement
Some spouses are worried that a divorce lawyer will change their agreement, but most lawyers are willing to accept their client’s decision to enter an agreement that does not reflect their “best case scenario” (or even their “what a judge might do” scenario), so long as the lawyer is comfortable that the client understands the implications of the agreement they want to reach. If the lawyer believes that an agreement that is unconscionable or unfair, they will tell you. At that point, it’s up to you to decide how to proceed.
See Also:
Collaborative Divorce is a Peaceful Divorce Option
Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legal, financial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.
OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!
Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved. One of the legal, financial, and communication professionals at Best Legal Choices can help you navigate this difficult time in your life.
Mary Ann Hess started her legal career at a well-established firm that focused on highly complex family law cases. That early experience gave Mary Ann litigation skills involving complex issues related to all issues involving families.