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Do you still need a lawyer if you are divorcing amicably?

On Behalf of | May 20, 2024 | Family Law |

It is a common misconception among many separating couples that divorce attorneys are only necessary where there are disputes between spouses.

While having a divorce attorney for representation is not generally required in some approaches of divorce, such as mediation, there some things you have to consider before totally discarding the thought of working with one, including the following:

Divorces, even those amicable, can be complex.

Even if a divorce is amicable, there may be legal complexities that you are not aware of. A divorce attorney can help navigate these issues and ensure that your rights and interests are protected. Moreover, having legal guidance can help you ensure you are compliant with the divorce requirements and procedures of your state.

They can help reach a fair agreement.

If there are still some points to negotiate, such as property division, parenting agreements and similar issues, an attorney can serve as a mediator and help both parties reach a fair agreement. Moreover, they can review the final settlement to ensure that it is equitable and will not cause you unforeseen legal or financial issues in the future.

It is a practice to address unforeseen complications.

Sometimes, even if a divorce starts amicably, issues may arise that can complicate an amicable divorce. Having a lawyer can help address these issues as they arise. They can suggest solutions and help you make informed decisions towards protecting your best interests.

At the end of the day, you will make the final decision on how to approach your divorce. But before deciding, it may be a good idea to at least consult with a divorce attorney to understand your rights and options, even if you ultimately decide not to retain one for the entire process.