While divorce rates are on the decline––this is attributable to many factors––it is still a common occurrence in the United States. Today, between 35 and 50 percent of first-time marriages end in divorce. The rates for second and third marriages are much higher.
People split for a variety of reasons, and of course, no one gets married assuming that it is only temporary. If you find yourself facing the end of a marriage, you may be wondering, “Do I need a lawyer for divorce?”
That question has a complex answer. The good news is once you have all the information about the services a qualified divorce attorney can provide, you can determine if it is the right move for you. Keep reading to find out more.
What Does the Divorce Process Entail?
Divorce is a legal dissolution of a marriage. It involves various steps and procedures, which can vary by jurisdiction.
In general, divorce begins when one spouse files a petition with the appropriate court. This states the grounds for divorce (note that while some states do not require this, most jurisdictions do). These can include “irreconcilable differences” or fault-based reasons, such as abuse or adultery.
The petition goes to the other spouse, who then responds with a counterclaim. This reflects their own grounds for divorce and associated requests. This begins the period of legal separation.
After this step, some jurisdictions require a waiting period before moving forward. For instance, in Nebraska, the court must wait 60 days before granting the dissolution.
From here, the process can take different routes. Again, this can differ among jurisdictions, but divorce can be finalized in three different ways.
If both spouses agree on everything, then they can settle matters out of court. Divorces are most often worked out through mediation or in court.
With divorce mediation, a third party helps resolve any disputes between spouses. This is often called a “collaborative divorce.”
If this is not successful, then the disputed issues would be decided by a judge or jury in court. In this instance, both spouses present their cases, including witnesses and evidence. (Note that a judge can require mediation in place of court, so these proceedings could happen in reverse order.)
Once a settlement is reached, the court can issue a final judgment of divorce. This legally ends the marriage and stipulates the terms of the divorce. This includes asset allocation, as well as child custody, visitation parameters, and any child support or alimony requirements.
Do You Need a Lawyer for Divorce?
The technical answer is “no.” No jurisdiction in the United States requires legal representation for divorce proceedings.
The practical answer to “Do I need a lawyer for divorce?” is an entirely different one. There are many benefits to hiring an experienced divorce lawyer, even if you anticipate a relatively amicable split. Here are a few to consider.
Legal Proceedings
One of the biggest reasons to hire a divorce attorney is legal protection. They will know how to proceed with every sequence in the process, so you can have the peace of mind that there are no missteps.
Experienced family lawyers specialize in divorce law. They have the legal knowledge and expertise to help you navigate the nuances of the process. They act as advisors regarding legal proceedings, so that you do not have to figure out “the next move” on your own.
Paperwork and Filings
Paperwork and legal filings are substantial during a divorce. One of the biggest advantages of hiring a divorce attorney is that they will handle all of this for you. You will not have to worry about completing documentation correctly or meeting court deadlines.
Besides giving you the assurance that procedures were completed properly, this frees you up to focus on more important things. It gives you the time and space to concentrate on your children, personal life, work, or other matters impacted by the divorce.
Limiting Mental and Emotional Stress
This experience is not just about “winning at court.” Good divorce attorneys understand that this is a mentally and emotionally difficult time in people’s lives. They know that it involves the splitting up of individuals (often including children) as well as assets.
Qualified divorce attorneys will keep this in mind when making decisions. They can advise you on how to avoid tumultuous court battles that cost a lot of money and take an emotional toll on everyone.
Objective Advice
At the same time, you can rely on a good divorce attorney for objective advice. While there is a danger of people involved in a divorce letting emotions dictate decisions, a family law attorney can be the source of stability you can look to for guidance.
That is because they are not personally involved. Having someone who is not swayed by emotion can go a long way toward keeping your best interests in focus.
Preparation for the Unexpected
Most divorces do not involve lengthy courtroom battles. If this becomes necessary in your case, you need someone to go to bat for you.
If not, the divorce settlement will still likely involve a great deal of negotiating. This can include dividing assets, child custody, alimony, and other forms of spousal support.
This is one of the most overlooked advantages of hiring a divorce attorney. They are skilled negotiators that will advocate for your interests in and out of the courtroom. They also will be prepared if things unexpectedly become contentious.
Find a Divorce Lawyer Near You
Hiring a qualified lawyer can help resolve difficult matters as expeditiously as possible while protecting your interests.
At Husker Law, we specialize in family law, including divorce cases. We will leverage our extensive legal experience and expertise to get you the best outcome possible without unnecessary drawn-out legal battles.
Do you need to hire a lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
