QUESTION
Do I need a attorney for uncontested divorce? Why?
Asked on May 27th, 2015 on Divorce - Nebraska
More details to this question:
My husband and I are going to get divorced and we have already talked about and settled everything, from child custody to division of property and finances. Do we really need a lawyer to continue with the divorce proceedings?
8 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Yes, of course. Either hire one or two and/or utilize the free services of the Family Law Facilitator at your Courthouse in self-representation.
Answered on May 28th, 2015 at 2:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I could not say whether or not your spouse needs a lawyer. But you do. Chances are this is your first divorce. Or if not your first, then your second. An experienced matrimonial lawyer will have done 400 or 500 divorces or more. Consequently s/he will be able to identify more potential pitfalls than a lay person. It's almost always worth the investment. Good Luck.
Answered on May 28th, 2015 at 2:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It think so, as it is only the rest of your life and it is easy to miss an issue or provision which could bite you in the future. At least getting a review help with the drafting of the judgment reflecting your agreement is, in my book, mandatory.
Answered on May 27th, 2015 at 4:47 PM
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I have seen so many problems when trying to hold someone in contempt or modify issues with children or child support later that it would be in your best interest to at least consult with an attorney or hire one on a limited basis to draft your documents, especially where there are children involved, or retirement accounts, or real property, or debts to divide. The pro se forms just do not provide enough help in those areas, as they are geared towards those who truly cannot hire legal help in any form (and thus do not have those financial issues). Best wishes!
Answered on May 27th, 2015 at 4:31 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't have to have a lawyer ever for anything. But if you don't get it right ignorance of the law will not be an excuse and you may not be able to fix it.
Answered on May 27th, 2015 at 2:58 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You do not absolutely need an attorney for a divorce HOWEVER a divorce judgment locks you in to a position that you cannot change. Further whether or not you think it is fair is different than if if follows state standards The best advise I can give is to hire an attorney to review your proposed judgment even if you believe you have settled everything.
Answered on May 27th, 2015 at 2:29 PM
No you do not. Have you considered mediation? Mediation is fast, effective and affordable. The mediator can properly prepare the agreement.
Answered on May 27th, 2015 at 2:15 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There is no law that says you need to hire an attorney. If you are absolutely comfortable that you know all of your assets and all of your debts and you are perfectly satisfied with the arrangements for your child/children, that could be the end of that. I personally would suggest that you hire an attorney for the very limited purpose of reviewing all of your documents to be certain they are in proper form. This would be what is called limited representation and should only be a nominal fee.
Answered on May 27th, 2015 at 2:15 PM