When To Hire A Divorce Lawyer

Law Blog

Have you decided to dissolve your marriage? One of the questions you will have to deal with is whether to hire a divorce lawyer. While not all divorce issues require an attorney, having one guarantees a smooth divorce. So, under what circumstances is a divorce lawyer a necessity?

When There Is a Threat of Violence

You will need a lawyer in case you are pursuing divorce due to domestic violence. Typically, a divorce process involving domestic violence raises several safety issues. In such a case, you may fear that your spouse may harm you and the children. Thus, the first step is to get away from the violent setting and keep your children safe. When you hire a divorce lawyer, the attorney will ensure that you get a temporary restraining order preventing your spouse from contacting you and the children. In addition, the lawyer can help access financial support. In such a case, the divorce attorney will support you secure court orders for immediate spousal and child support. 

When Your Spouse Hires a Lawyer 

One of the best signs that you need to retain the services of a divorce lawyer is when your spouse hires one. Typically, a divorce lawyer will only represent one party. Thus, your spouse's lawyer is not there to protect your interest. As such, you should seek the legal services of a personal lawyer to safeguard your interests. In this way, you will have access to your attorney for consultations and guidance throughout the divorce process. As such, you can avoid making costly mistakes that can make you lose your rights. Even if you had a prior agreement for a non-contested divorce, get a lawyer when your spouse retains one.

When There Are High Stakes in the Divorce

Divorce issues vary across marriages. However, some problems may involve high stakes necessitating one to seek legal advice. For starters, it is advisable to engage a divorce lawyer if there is a contestation about child custody. In such a situation, the attorney will fight for your rights to retain child custody. Even if you lost child custody, the lawyer could still guarantee that you get visitation rights. More so, a divorce lawyer is essential in securing adequate spousal and child support. On the other hand, the attorney can also protect you from paying more alimony and child support than you can afford. Also, you may consider hiring a divorce lawyer when the estate is substantial for a fair share of the property.

In Case of a Mediation or Court Hearing

A divorce lawyer provides representation in divorce mediation and court processes. Mediation is an alternative method for an out-of-court divorce process. However, the mediation process ends up with a binding agreement between the divorce parties. As such, you will need a divorce attorney to help you internalize the consequences of the deal. In addition, the lawyer can help you navigate through the court procedures. In this case, the divorce lawyer will file the divorce papers, deliver petitions, collect and present admissible testimony and argue the case merits. Thus, going through the court process without a divorce lawyer may have dire, irreversible consequences. 

Ultimately, a divorce lawyer provides valuable counsel and representation throughout the divorce process. Consult a divorce lawyer today to learn the benefits and timing for legal divorce services.


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