QUESTION
If me and my husband can agree upon everything do we have to have lawyers?
Asked on Nov 01st, 2012 on Divorce - Florida
More details to this question:
My Husband say that he is done trying and so am I so if we can agree on everything would the process be easier. Plus last year his mother took us to court and receive parcel legal custody and we still do not fully understand what that means or if that is going to affect our children and our divorce?
16 ANSWERS
Leonard A. Kaanta
You need an attorney.
Answered on Jun 13th, 2013 at 1:23 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, but to protect yourself you should see an attorney
Answered on Nov 06th, 2012 at 11:04 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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it is generally advisable to consult an attorney, just to make sure you understand your rights and obligations. It is not required. If you and your husband can agree (and can get those agreements in writing) you do not necessarily need an attorney. You can receive general information and help filling out forms at the family law facilitator's office of your local courthouse. Without knowing the terms of the custody order, it is impossible to specify what rights your mother in law has acquired. Legal custody, though, is the ability to make decisions regarding the health, welfare and education of the children.
Answered on Nov 02nd, 2012 at 4:50 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You do not have to have an attorney to get a divorce.. but1) your mother's partial legal custody of your kids will complicate it (I have never heard of that before without you being adjudged unfit parents so) 2) there is usually something you forget to discuss and divide.. or you will give up your right to 1/2 of some asset you are entitled to.. As a result I highly recommend you consult an attorney at least for a review of the situation to see if there is any complication that absolutely requires professional advise.
Answered on Nov 02nd, 2012 at 4:49 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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It would be wise for you to get advice from a local family lawyer, particularly with your custody issues. Perhaps just one of you could seek a consultation to obtain the information needed.
Answered on Nov 02nd, 2012 at 1:55 AM
Yes, you can get a divorce without attorneys, however it is still difficult to know what to file and when to file and how the documents should look. My recommendation is that you hire an attorney or mediator to oversee the process, this way you get it done fast and cheaply. I have helped many parties to the divorce in just coaching and supervising without formal representation, I highly recommend it. As far as the award of legal custody to the grandmother, you will want that award to cease and legal custody to be with the parents only. Unfortunately the issue of legal custody complicates what otherwise would have been a simple case. You should seek counsel on how to handle the legal custody issue.
Answered on Nov 01st, 2012 at 6:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the two parties to a divorce decree can agree on its provisions will certainly make the process easier, however in order to have the process done correctly at least one of you should hire an attorney. It is clear from the remaining portion of your question that some clarification on the legal process and its results need to be explained to you.
Answered on Nov 01st, 2012 at 5:57 PM
No you do not need a lawyer to get divorced. You should see the CA Court Self-Help website for more information regarding divorce proceedings.
Answered on Nov 01st, 2012 at 5:50 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Even when you can agree on every issue, it is still necessary to hire an attorney to represent one of you and draft an uncontested divorce package. The other should get advice of another attorney too.
Answered on Nov 01st, 2012 at 5:50 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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I don't understand how his mother could get legal custody. You need to handle that in the divorce, so you need someone to look at your paperwork. Paralegals are cheaper IF you don't have any issues that need addressing - the custody is one issue. You can't do any agreement without figuring out/overturning his mother's order.
Answered on Nov 01st, 2012 at 5:49 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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No. most people do not have attorneys. Most people can't afford attorneys.
Answered on Nov 01st, 2012 at 4:57 PM
Theodora B. Fader
Although you and your spouse may agree on everything, you should retain a lawyer to handle your divorce case. It seems from your post that you may have a bit of a complication relating to your child or children and you would benefit from the guidance of an experienced attorney with respect to that issue. Also, an experienced divorce attorney should be able to spot issues in your case that you do not. Finally, the whole process should be completed more smoothly with an attorney, who should know what paperwork is needed and the proper court procedure for handling it.
Answered on Nov 01st, 2012 at 4:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The best answer to that question requires knowing exactly what you and your husband agree on. One job for an attorney is making sure you have even discussed all the important issues; until you identify something to be discuss you don't know whether you agree or not. The other job for an attorney is to make sure that what you agree upon is correctly and clearly stated in writing so that there is no misunderstanding later; some things are more complicated than others. Clearly reaching an agreement is easier, cheaper, and more likely to satisfy both parties. You clearly do not have to have lawyers, especially if you agree on everything. Whether you need lawyers is a question you have to answer for yourself based on how well you understand what you are agreeing to. Without much more information about your mother-in-law and what actually happened, it isn't possible to speculate how that might affect your divorce.
Answered on Nov 01st, 2012 at 4:56 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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While it is true that you can do a divorce without attorneys, certain requirements must be followed and procedural items handled. If you are not familiar with these issues, it might be difficult to resolve the case. Further, it will be impossible to know whether your rights are being protected, especially in light of the action taken by the paternal grandmother. A lawyer will explain everything and make sure you understand all issues involved in your case and get the matter resolved properly.
Answered on Nov 01st, 2012 at 4:12 PM
You should look into an attorney mediator to save costs. But you should no do this alone because of the issue of child custody.
Answered on Nov 01st, 2012 at 4:11 PM
Great question. No, you do not have to have lawyers, but you should get a professional to prepare your Marital Settlement Agreement and assist you with all the proper forms. Have you considered Mediation? Mediation is Fast, Effective and much less expensive than lawyers. Everything can be done with and through a Mediator.
Answered on Nov 01st, 2012 at 4:11 PM