Does Divorce Spell L-A-W-Y-E-R?

Forty years ago divorce and a lawyer came together like chocolate cake and a glass of milk. Hiring a lawyer was the second step in the divorce process after one spouse told the other the marriage is over.

That’s no longer the case. A divorcing couple in agreement about the terms and conditions of their divorce – that is, the division and distribution of the marital estate, alimony and child support and visitation – can use mediation or collaborative divorce.

And a couple married for a short time, with a small or no marital estate, no children, and most important no disagreements about the terms and conditions of the divorce, can file pro se. That means one of the spouses completes the necessary paperwork and the other spouse agrees. No lawyer need be involved.

The key in mediation, collaboration and pro se divorce is agreement. There must be no issue in dispute, nothing to contest, nothing to argue and fight about.

Sometimes, a lawyer must be hired. When one spouse hires a lawyer, the other spouse must do the same because no one should try lawyer pro se against an attorney. Moreover, when the other factors – abuse, military service, hidden assets, mental illness, incarceration – complicate the case, the services of a lawyer may be inescapable.

When people divorce pro se, one spouse may ask a lawyer to look over the paperwork and check it for accuracy. This, however, is not the same as hiring a lawyer as an advocate.

About Editorial Staff

The Divorce Source, Inc. Editorial Staff consists of a team of divorce experts who are responsible for the ever so valuable content that is delivered through the Divorce Source Network. The members of the editorial team share the company's "passion for a better divorce" philosophy by providing as much divorce related information, products and services to help those who are contemplating or experiencing divorce.
This entry was posted in Working With Lawyers. Bookmark the permalink.

Comments are closed.