Understanding Your Legal Options In A Divorce
Although you may not always need a divorce lawyer to file for and handle your divorce, the divorce process can be complicated at times and there are situations in which consulting a divorce lawyer is a very good idea. You should base your decision on the complexity of your individual case and your level of comfort with your pending case.
"Uncontested" divorces, for example, in cases where the spouses are in agreement about important aspects of the split, that involve no children and very little community property are fairly simple to dissolve and you may decide that you are comfortable with filing this action yourself.
On the other hand, a couple that has been married for 20 years, have children, a marital home, pension plans, joint checking accounts or credit cards and the like may find that drafting their own divorce paperwork and handling the property distribution is far too complicated. Regardless of how long you've been married, there may also be complicated tax issues to consider as well.
Your decision may also depend on whether or not the divorce is contested. When both parties agree to divorce, they may be able to reach an amicable settlement on their own. However, when one of the parties chooses to fight for custody, spousal support or other assets, it is typically wise to hire an attorney to handle your case.
If you do decide to file your own divorce, many states have taken steps to simplify the process and offer virtual "self-serve" centers to help you handle your own legal affairs. Arizona, for example, provides downloadable forms as well as an online interactive program to help you complete the necessary forms for legal separation, divorce and other family law actions.
So, while you don't "need" a lawyer to get a divorce, there are many cases in which the complications incurred by long marriages, the presence of children, or of significant marital assets (i.e.: money or property) warrant the involvement of a family law attorney.
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