Thinking about divorce?
Before you say “yes” you’re probably wondering if you really need a lawyer. After all, about 43% of marriages end this way and not everyone has an attorney. Here’s the problem though…
Choosing incorrectly about when you will need a divorce attorney can cost you a lot.
I’m talking about losing property you are entitled to. Getting stuck with unfair custody arrangements. Or not getting the support payments that will secure your financial future.
Here’s the reality:
72% of family law cases involve at least one person that represents themselves. That’s a pretty big statistic that might prove my point that you don’t always need a lawyer. The problem is the statistics don’t cover the percentage of people that got screwed because they didn’t understand their rights.
Here’s what’s inside:
- 5 Situations When You Need a Divorce Lawyer
- Signs You May Not Need a Lawyer
- Factors in Choosing a Divorce Attorney
- Red Flags That You Need Legal Help NOW
- Bottom Line: Knowing When to Hire a Lawyer
Why Representing Yourself Can Bite You Fast
Want to know something most people don’t realize?
Divorce is expensive. The average divorce costs between $15,000 and $20,000. And a large portion of that goes to fixing early mistakes.
You have property to divide. Maybe there’s spousal support involved. There’s child custody and financial disclosures. One missing form or one bad agreement you sign could come back to haunt you for years. The court isn’t going to let you redo a case because you didn’t know what you were signing or you misunderstood the law.
The 5 Times You Absolutely Need a Divorce Attorney
Let’s cut to the chase. There are times when hiring a divorce attorney in Salt Lake City (or wherever you are located) is not optional. It’s not up for debate. Working with the right experienced legal counsel will be the difference between a fair settlement and getting the short end of the stick during one of the most stressful times of your life.
You Have Children Together
Children change everything.
Custody is complicated. You are no longer dividing up who gets the house. It’s about where your children live, when they see each parent, who makes medical decisions, and how child support gets calculated.
If you go it alone? You may agree to something you think is fair but in reality, ends up screwing you over for the long-term. Maybe the schedule won’t work with your work situation. Maybe the way child support gets calculated will leave you struggling just to get by.
The stakes are too high to do this without help.
Your Spouse Is Already Using an Attorney
Here’s a little rule of thumb…
If your spouse has a lawyer and you don’t, it’s like playing a game where the other person knows all the rules. Their attorney will use every legal advantage to help their client.
You need someone fighting for YOUR interests with that same level of knowledge and skill.
You Have Valuable Property to Divide
Got a house? Retirement accounts? Business interests? Investment portfolios?
The more you own, the more complex the division process gets. Every asset has different tax implications. Different values. Different rules about how they get divided.
Signing over the house may sound like a win. Until you can’t afford the mortgage by yourself. Splitting retirement funds the wrong way could result in tax penalties in the millions. These mistakes aren’t obvious. You may not even realize you made them without legal representation.
Your Spouse Is Hiding Assets
Sadly, this happens way more than you think.
One spouse starts moving money, underreporting income, or transferring assets to friends and family. If you think your spouse is being financially deceptive, you need a divorce attorney immediately. They will request financial discovery (subpoena bank records and other documents) and hire forensic accountants if necessary.
You think you can play detective and do this yourself? Good luck.
There Is Domestic Violence or Abuse
Safety first. Always.
If there’s any history of domestic violence, threats, or abuse. You need a lawyer to help protect you. They will help you get protective orders, safe custody arrangements, and keep you from having to directly interact with your abuser.
Don’t do this without professional help. The risks are too great.
When You Can Potentially Skip the Attorney
Alright, let’s be real…
There ARE cases where you can represent yourself. But they are few and far between. Recent statistics show that 61.9% of uncontested divorces had neither party represented by legal counsel.
You may not need an attorney if:
- You have been married a short time
- You have no children together
- You have very few assets
- Neither spouse wants alimony
- You both agree on everything
- There is no history of abuse
- You trust your spouse completely
Even then…
You may think you agree on everything but what about retirement benefits earned during marriage? What about tax implications? There are things you don’t know you don’t know.
What to Look for in a Divorce Attorney
Not all divorce attorneys are the same.
You want someone who:
- Specializes in family law (not some general practice attorney)
- Works on cases like yours on a regular basis
- Communicates clearly and responds in a timely manner
- Fits your budget and fee structure
- Is respected by judges and other lawyers in your area
- Makes you feel heard and supported
Tip:
Most divorce lawyers offer free consultations. Take advantage. Talk to 2-3 lawyers before making a final decision. Ask them about their approach. Their experience with cases like yours. And how they get paid.
A good attorney will save you money in the long run by getting you a better settlement.
Red Flags That Mean You Need Legal Help NOW
Sometimes the signs are pretty clear. If your spouse:
- Starts hiding financial documents
- Opens bank accounts without telling you
- Threatens to take the kids away
- Says you will get nothing in the divorce
- Refuses to discuss things reasonably
- Files divorce papers
Don’t wait. Get a lawyer immediately.
The sooner you get legal advice, the more protected you are. Waiting can eliminate options and put you at a disadvantage.
The Bottom Line: Deciding on Divorce & the Need for a Lawyer
Divorce is complex. Divorce is emotional. Divorce is high-stakes.
Yes, there are people that successfully get through this process without attorneys. They’re the exception. When will you need a divorce attorney is not even a question for most people. The real question is when you will find the right attorney to help you navigate the process.
The risks of going it alone are significant. Unfair property division. Custody arrangements that don’t work. Not getting the support you are owed. Making financial mistakes that cost you thousands.
My advice?
At the minimum, get a consultation with an experienced divorce attorney. Many offer free initial meetings to review your case. Is your divorce truly uncontested and simple? Maybe you can use mediation or “limited scope representation”. But if there’s ANYTHING that involves kids, property, financial disagreements, abuse. Get proper legal representation.
The money you spend now on a good divorce attorney will save you from making costly mistakes that affect you for the rest of your life. And knowing someone has your back and is protecting your interests? Priceless during one of the most stressful events of your life.