QUESTION
Do I need a divorce attorney to get an uncontested divorce?
Asked on Aug 21st, 2012 on Divorce - Arizona
More details to this question:
We have two children but have worked out all our issues with visitation. Do I need a lawyer?
27 ANSWERS
Leonard A. Kaanta
Only a fool has herself for an attorney.
Answered on Jul 08th, 2013 at 12:12 AM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
No, but you may want one.
Answered on May 28th, 2013 at 10:04 PM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
Yes. .
Answered on May 22nd, 2013 at 10:34 PM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Yes.
Answered on May 22nd, 2013 at 10:31 PM
You really should get ane experienced attorney to write up your agreement and perhaps put parenting time on a calendar so you cansee how it will work out. The same is true of property provisions, and you may well want to be protected in case either of you ends up filing for bankruptcy or doesn't pay the debts you agreed to. Also, an attorney can make sure you have covered everything and understand the law which applies. Although one attorney can't represent both of you, you can meet with on together, lay out your agreement, and decide who will file. The other should have another attorney review the proposed Judgment just to make sure nothing got missed. Good luck!
Answered on Aug 23rd, 2012 at 10:44 PM
2 Awards
If you have children, you should at the very least have a family law attorney review your agreement and point out things that you will NOT have seen or understood.
Answered on Aug 23rd, 2012 at 9:56 AM
Family Law Attorney serving Calabasas, CA
at
Shulman Family Law Group
Update Your Profile
No, if you can get a good paralegal to prepare the numerous documents required by the Code. Your county may have a Family Law Facilitator in the court house, who helps with these things.
Answered on Aug 23rd, 2012 at 9:55 AM
Insurance Attorney serving Cumming, GA
at
Law Offices of Dorothy Spinelli
Update Your Profile
You do not need an attorney, but you must file required paperwork.
Answered on Aug 23rd, 2012 at 9:53 AM
You would probably want to consider having a lawyer to make sure the paperwork matches what you have discussed. In addition, there may be things in the divorce you haven't considered like retirement and other joint property, those are things that a good family law attorney would be aware of and could help you consider before you agree to the divorce.
Answered on Aug 22nd, 2012 at 4:17 AM
Marc John Weinpel
In my opinion, when children are involved in a divorce, questions of custody and SUPPORT are more complex than you might think. At least consult with a lawyer prior to an agreement!
Answered on Aug 22nd, 2012 at 1:51 AM
1 Award
You should at least consult with an attorney before signing any agreement so that you may understand what rights you may be forgoing.
Answered on Aug 22nd, 2012 at 1:51 AM
The only safe answer is to say you need a lawyer when chidren are involved.
Answered on Aug 22nd, 2012 at 1:50 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
at
Robert J. Merlin, P.A.
Update Your Profile
No. You have the legal right to do everything yourself without an attorney.
Answered on Aug 22nd, 2012 at 1:50 AM
Dave Hawkins
You may have worked all of the issues with visitation, but what about child support and property issues? In virtually every county no, before entereing an agreed final parenting plan, both parties must attend a parenting seminar and be subjected to a background search before a Judge signs off on a final parenting plan. If the Judge finds something unusual or of concern, the Judge need not sign the agreed parenting plan, but sets the matter for a full trial. So, if you're going to try to do this yourself, be warned, you need to do it all correctly.
Answered on Aug 22nd, 2012 at 1:49 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
If everything has been worked out and is in writing, notarized properly then maybe not. Otherwise you may need a lawyer to put the ag reement and present it to court.
Answered on Aug 22nd, 2012 at 1:49 AM
The answer to that question generally is that it is always wise to have the advice of a competent and experienced family law attorney in matters of this nature. You should have your own attorney separate and apart from your spouse. Stay away from the lawyer who says that he can represent both parties.
Answered on Aug 22nd, 2012 at 1:47 AM
You may need an attorney to help prepare the proper paperwork.
Answered on Aug 21st, 2012 at 3:10 PM
Theodora B. Fader
Although a lawyer is not required in order for you to get a divorce, it would be very helpful to have an experienced divorce lawyer to assist and counsel you and to make the process more efficient.
Answered on Aug 21st, 2012 at 3:09 PM
Probably not but there are lot of forms that absolutely need to be completed as well as a marital settlement agreement. I strongly suggest you hire a paralegal service that specializes in family law to help you through the process.
Answered on Aug 21st, 2012 at 3:08 PM
Litigation Attorney serving Westland, MI
at
Clos, Russell & Wirth, P.C.
Update Your Profile
No. There is never a requirement for an attorney in civil matters, unless you lack capacity. Good luck with the drafting, court rules and procedures, because the court cannot provide any legal advice.
Answered on Aug 21st, 2012 at 2:56 PM
Family Law Attorney serving Layton, UT
at
Michael S. Edwards Attorney at Law, PLLC
Update Your Profile
No, you could use the Online Court Assistance Program (OCAP) on the Utah State Courts website. It only costs $20 more than the standard filing fee of $318 if you use that program.
Answered on Aug 21st, 2012 at 2:55 PM
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Probably. Showing up at the door of the court and declaring you want to be divorced is not enough. You need a number of documents, some like the child support guideline worksheet and the various insurance worksheets can be quite technical. Hire a lawyer for assistance to make sure the divorce is done correctly.
Answered on Aug 21st, 2012 at 2:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Property, assets, debts, pensions, child support. Get an attorney.
Answered on Aug 21st, 2012 at 2:54 PM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
Update Your Profile
You do not have to have an attorney. However, I always recommend retaining an attorney to ensure the best possible outcome and that everything is done properly.
Answered on Aug 21st, 2012 at 2:54 PM
Family Attorney serving Bellevue, WA
at
Goddard Wetherall Wonder, PSC
Update Your Profile
Retaining a lawyer is not "mandatory", but if you can afford one it is advisable to help you to understand the process, the paperwork, and to advise you regarding all of the issues (that you already know are problems, as well as others that you may not be aware of).
Answered on Aug 21st, 2012 at 2:53 PM
Great Question. You always want to be certain you have all the issues covered. Even if you think you do, you may not. The worst thing that could happen is to do it yourself and, after the divorce is final, discover that you have left 1 or more items unresolved. Have you considered mediation? Mediation is a Fast, Effective and Affordable way to do your divorce. The only catch is that both spouses must agree to Mediation before that can happen. I am assuming that since you and your spouse have agreed on everything you can think of, you should have no problem agreeing to Mediation.
Answered on Aug 21st, 2012 at 2:53 PM
Debra L. Palomino
No, representation by counsel is not required. You can obtain the instructions and forms needed to process your divorce at the Self Service Center, Maricopa County Superior Court, edit as appropriate.
Answered on Aug 21st, 2012 at 2:52 PM