Do you need an attorney when getting a divorce?
Because I’m an attorney, stating “yes” might make me appear self-serving. The short answer to whether you need an attorney if you are getting a divorce is “it depends” (the classic attorney answer). I’ll narrow my answer further: “yes” you should have an attorney unless a few factors apply to your marriage.
Divorce is an overwhelming time. Whether you initiate the divorce, want the divorce or not, people are generally filled with anxiety and fear over the divorce process, finances and their future, with good reason. Add to that worrying about children if you have them, and this time is the worst time to be handling your own divorce, or making major life changes and decisions on your own. For these reasons, I believe that the majority of divorcing people should have a divorce attorney. If children are involved, having an attorney is critical.
Before discussing why you should have a divorce attorney, I want to discuss situations when you might not need one. After all, many people have gone through a divorce without an attorney. These factors might make representing yourself more of an option:
- There are no children of the marriage;
- There is no real estate and few assets from the marriage; and
- Your marriage was short (5 years or less).
Negate all of the listed factors above, if:
- There are children of the marriage;
- There is real estate, significant assets including retirement plans and pensions;
- Your spouse has retained counsel; and
- Your divorce is contested.
There are so many reasons you should have an attorney that are often overlooked. One overlooked reason is taxes. Taking the income of one household and splitting it in two has many tax implications and can be very complicated. Another reason is identifying assets. Finding and dividing assets equitably requires the experience of a lawyer, unless you know how to divide a pension via a QDRO. Custody and child support also require the experience of an attorney.
If you do decide to hire an attorney, bring your last tax return and retirement plan documents to the first meeting. Bring a list of your assets and liabilities. Know what services the attorney’s fee covers, as many do not include deed preparation or QDRO preparation. Have questions prepared.
Divorce is very stressful. I recommend hiring an attorney unless you are certain, after reading the factors listed, that you do not need one.
If you want to discuss your divorce, please contact me at firstname.lastname@example.org.