If the decision to get a divorce has already been made, one of the next decisions you will have to make is whether to hire a divorce lawyer or not.
The collaborative process is one of the only divorce options where lawyers are not incentivized to prolong the process. In most cases, navigating your divorce with collaborative professionals saves time and money for you, and expedites the settlement process.
Most people want to get through their divorce as quickly as possible. Depending on your state’s divorce laws, and whether they offer no fault divorce or not, you may not need a divorce lawyer to end your marriage. But there are some situations where hiring a divorce lawyer would be a good idea.
Here we provide reasons why you may or may not need a divorce lawyer.
When You Do Need a Divorce Lawyer?
You should consider hiring a divorce lawyer if you want ideal outcomes for spousal support, property division, child support, parenting time, and legal decision making. You may also want to hire a divorce lawyer when:
- Your spouse made more income and you want to request spousal support
- You are concerned about how to divide assets and property acquired during the marriage
- You or your spouse has debt that you aren’t sure how to divide
- You have children and want information about how child support payments will be determined
- You have children and want to make sure parenting time and legal decision-making issues are decided fairly
- There is a history of domestic violence, sexual abuse, substance abuse, or child abuse
- Your spouse is planning on hiring an attorney or has already done so
- Your spouse is destroying property, hiding assets, threatening you with financial ruin, or wasting marital funds
- You want to know your legal rights
- You are uncomfortable completing legal paperwork on your own
- You need targeted advice
- You have a complex divorce case
- You want a professional to review your divorce documents to make sure are legal and fair
When You Don’t Need a Divorce Lawyer?
You may not need a divorce lawyer if you have no children or marital assets. You might not need a divorce lawyer when:
- You are not making a claim for spousal support and do not believe your spouse will make a claim
- You do not have assets or property to divide such as stocks, retirement accounts, or real estate
- You do not have children or pets
- You qualify for legal aid or can find a “pro bono” attorney
- Both parties agree to the divorce and can file the correct paperwork themselves
Collaborative Divorce offers the Best of Both Worlds
Wouldn’t it be nice if there was a type of divorce where you can hire a lawyer to settle all your divorce issues, but avoid paying the high costs associated with litigation? Well there is! It’s called Collaborative Process. In a collaborative divorce, both spouses have their own lawyers, and the lawyers work with their clients, and other members of a collaborative team, to settle divorce issues without going to court. In Arizona, collaborative divorce is more private than a traditional divorce. In addition, you and your spouse can negotiate resolutions to all issues facing your family.
- “Do You Need a Divorce Lawyer?” Findlaw, https://family.findlaw.com/divorce/do-you-need-a-divorce-lawyer.html.
- “Top 10 Things NOT to Do When You Divorce.” Legalzoom.com, 25 Apr. 2019, https://www.legalzoom.com/articles/top-10-things-not-to-do-when-you-divorce.
- “Should You Get a Divorce Without a Lawyer? 10 Questions to Ask Yourself.” Karen Covy, 5 Oct. 2017, https://karencovy.com/do-you-really-need-a-divorce-lawyer/.
- 9 Questions to Ask a Divorce Lawyer Before Hiring
- What is the Cost of a Collaborative Divorce?
- How to Ask for a Divorce Peacefully
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!
The collaborative divorce process is designed to help people who are willing to work together to make an agreement that benefits the family. Resources that help parents communicate effectively during this process can help them model appropriate behavior for their kids. With love and support, children can more effectively deal with their parents’ divorce. Contact one of the professionals at Best Legal Choices if you’re ready to take the first step toward starting your new life.
Judy Morse has been helping families resolve their questions about parenting time, legal decision making, and their finances and assets with her Collaborative Practice since 2006. The founder of Judith A. Morse, P.C., now known as Morse Law Group, Judith A. Morse has been practicing law for more than 32 years.