If you and your partner have decided to end your marriage, one of the first questions you’ll have is whether or not you need a divorce attorney. The answer to this question will depend on the particular situation you are in. Well, if you decide to hire one then you should opt for the best attorney like Divorce attorney Cumming, GA.
As a general rule, your divorce case will go smoothly only when you depend less on the court it simply means you can solve most of your problems out of the court. But now the question is do you really need a divorce attorney? The below information will help you to find the best answer to this question and you will make an informed decision. Read on to know more.
There is a chance that you’ll need a divorce attorney for everything: making decisions on your own
If you’re able to resolve the issues along with your partner, you might not need a legal professional’s help. Issues such as
- Child custody
- Child support
- Alimony
- Property Division
There are a lot of benefits if you are working with your partner through the divorce process, some of them are –
- Both partners will have higher control over the essential issues that will be raised during your divorce rather than leaving them to the court.
- You’ll save some of your precious time and money by not hiring a divorce attorney for every aspect of your divorce.
- If the parents can work out the divorce by themselves then the divorce has a smoother transition for children.
If you and your partner can come to an agreement regarding the major issues of your divorce, you can ask the court to grant you an uncontested divorce.
In some states, there is no need to show up in court to finalize your divorce if it’s clearly uncontested, however, there are some states where partners need to show up n court for a small hearing when minor children are involved.
Need an attorney for an Uncontested Divorce?
If you and your partner have a clear agreement on all the issues of your divorce, you can file for an uncontested divorce without hiring any lawyer. However, it is always recommended to take an attorney’s advice on your agreement in an uncontested divorce to ensure the protection of your rights and interests. An attorney can also make sure that your agreement is accepted in the court, and also that you are no missing out on any paperwork or any other documents.
Divorce attorneys can Fan the Flames or Provide a Calm outlook
If you have decided to hire a divorce attorney, it is important for you to take some time and hire the best one for your situation as every situation demands a different perspective.
Be certain to clear all your doubts, ask the capable lawyer all the questions you want to ask:
- Does your attorney support outside court agreement?
- Check if your attorney has the previous record of scuffling?
- Does your attorney supports cooperative option or not.
There are some other possibilities for selecting attorneys:
Limited-Scope Representation
When you hire an attorney to help you with only certain factors of your divorce, it is known as limited-scope representation. These types of lawyers have limited fees and are cost-effective.
As mentioned above, even in an uncontested divorce, it’s a good concept for every party to have an attorney at least go through the settlement offer and check legalities and the risks involved. Not everyone knows that you could hire a lawyer for certain things only, like:
- Settlement advice
- Reviewing the agreement
- Making sure that the agreement is acceptable in the court of law
- Filing the divorce
- Attending your divorce hearing with you whenever required.
Even in the case of uncontested divorce, both partners need to hire separate attorneys as it is against the rules for attorneys to represent two conflicting parties. You would be benefited from having an attorney who can endorse for you instead of staying neutral.
Collaborative Divorce
collaborative exercise is an agreement between the spouses and legal professionals not to litigate and, instead, should focus on the settlement. Generally, collaborative exercise attorneys will handiest agree to represent a client when the other facet has also hired a collaborative exercise attorney.
In addition, whilst each spouse has hired their attorneys, an agreement must be signed that states that if a settlement cannot be reached and the divorce is headed towards litigation, both spouses must find new attorneys. Such a settlement nullifies any economic incentives for legal professionals to prolong discussions or push for litigation and usually expedites settlement.
When You May Need a Divorce Lawyer
There are certain situations when you feel like hiring an attorney. You should hire a legal professional when:
- An abusive marriage
- If You feel that your partner is unfaithful or vindictive
- If your spouse has retained or hired an attorney
- If you have children and need child support
Fearing Abuse
If you are going through a domestic violence situation, get your self to safety and speak to a lawyer as soon as possible. If you think that your partner might harm you or your kids, or take your property and other assets, you must get a temporary restraining order at once. It is important to note that your partner might accuse you of kidnapping if you take your kids away without a restraining order.
For the advisory purpose, you can contact any experienced Divorce attorney in Cumming GA
Also, if you want finance for protection, you can take it out of any joint accounts which you have with your spouse. However, make sure to take only the required amount of money and not more than that. Also, file a courtroom action for instant spousal support.
We hope we were able to help you in your crisis period. Even after noting all of the above points on whether you should hire a divorce attorney or not, it is you who will have the final answer to that question as no one can know your situation better than you.
