Do You Need a Lawyer to Get a Divorce?

If you believe you may be getting a divorce, you may be wondering if you need to hire a divorce lawyer to help you through the process. We have some tips to help you get started.

In this article, we’re taking a closer look at a question we hear a lot – do you need a lawyer to get a divorce?

Do You Need a Lawyer to Get a Divorce?

In an ideal world, every marriage would last forever, but that’s simply not always how things work out. Statistics show that over 30 percent of all marriages in the United States end in divorce by the 10-year mark. This rate nearly doubles to over 50 percent by year 20. First marriages are also far more likely to end in divorce than, say, second or third marriages – perhaps because they often occur at an older age.

The high rate of divorce has led to a burgeoning cottage industry of “do-it-yourself” divorce kits. These kits promise to make ending your marriage quick and easy; just sign a few forms, agree to dissolve the union, and you’re done.

It makes sense that people want affordable, easy-to-access options that let them move on with their lives as quickly as possible. But this isn’t always wise. It’s far safer to work with a lawyer to get a divorce.

So, do you need a lawyer to get a divorce?

Making Divorce Less Complex

DIY divorce kits make divorce seem so easy, it becomes like just another mundane life task. The problem with this is that divorce is rarely, if ever, simple. Even when a couple decides to end their marriage on good terms, issues like the splitting of assets, custody arrangements, and the sale of a property can quickly turn a seemingly easy divorce into an intense and ongoing court battle.

Add in the complexity of divorce law in California and things become even more confusing. Most laypersons don’t fully understand the scope of the law and all of the loopholes within it, much less knowing it well enough to prevent legal snags along the way. For example, do you know whether or not you should file joint or separate income tax reports during a divorce? Is either of you aware of the tax rules associated with the dissolution of assets and/or alimony payments?

A lawyer has the expertise and knowledge to help you navigate issues like these without putting yourself – or your ex-spouse – at risk.

Handling the Influence of Emotion

Then, too, there is the influence of emotion. Nearly every divorcing couple experiences some amount of anger, sadness, or frustration.

After all, no one gets married with the express intention of breaking up; most go into it with the goal of staying together forever. When this doesn’t happen, hurt feelings can simmer under the surface. This may make it difficult to communicate terms or dissolve mutually owned assets.

It often starts with a small decision the other party doesn’t like. Or, maybe someone lashes out, demanding custody or ownership of property. The other person involved feels attacked and responds with their own demands. Suddenly, what seems like an amicable divorce doesn’t seem that amicable at all.

In cases where emotions run high, working with a lawyer can provide a degree of separation that gives both parties space to breathe. It also helps everyone feel confident that they’re making fair decisions.

Mediating to Ensure Fairness

When couples disagree on terms, divorce can quickly become messy. This is especially so where one or both parties opt out of working with a lawyer. One or both parties may try to manipulate the situation or even take advantage (sometimes without even realizing they’re doing it).

The simple fact is that mediation prevents, and resolves, issues like these. Having an attorney to look at both sides of the argument from a neutral position can ensure that both parties don’t make unfair demands. And, when disagreements happen, the lawyer can make recommendations for finding common ground.

For example, if a couple disagrees on 50/50 joint custody because one spouse lives in another state, a lawyer might help mediate a compromise. He or she might be able to suggest special custody arrangements or even caution one spouse against pushing for too much. This can prevent lengthy court battles while also ensuring that all decisions are made in the best interests of the child(ren).

Bringing Deception to Light

While it isn’t a nice thought, deception can play a role in divorce sometimes. One spouse may attempt to transfer property or even siphon money out of accounts before it can be counted as an asset. Another might attempt to lie about the grounds for divorce, such as cheating or abuse, in a desperate attempt to prevent the other party from leaving them.

Of course, the opposite is also true. A spouse who is hurt by a divorce may try to lash out, punishing the other party by making unfair demands. This, too, benefits no one, leaving both spouses frustrated, annoyed, or potentially, even destitute.

Sussing out deception in a DIY divorce can be downright impossible. After all, all you have to go on is the other party’s word. A lawyer can help by identifying common red flags and/or investigating suspicious claims to get to the truth.

Protection in Special Situations

If there is a significant risk that one spouse may physically lash out or try to harm the other, a lawyer is absolutely necessary – no questions asked. An attorney can help with not only the divorce itself but also any other special needs, such as seeking a restraining order. While you can technically do this yourself, the likelihood of a timely approval is much higher if you have an attorney to help you present the evidence.

Same-sex marriages also bring special concerns in California divorces. Same-sex couples technically have the same divorce rights as anyone else, but many people have raised concerns about the biased nature of certain decisions approved by the courts. The most obvious example of this exists when only one spouse is the true biological parent of a child. Even though it isn’t fair, the courts may decide the non-biological parent should not be awarded custody on that basis alone. An attorney can help to spot and eliminate unfair decisions like these.

There are also special concerns where one or more parties own a business. The business itself, as well as any debts, credits, property, or equipment belonging to it, is considered an asset. One spouse may be required to pay thousands or even millions to the other in ownership interest (also known as “buying them out”), especially if a prenuptial agreement does not exist. This may force the sale of the business. A lawyer can help prevent such a loss by mediating and finding other options.

The lower cost of DIY divorces might make them seem advantageous, but at the end of the day, working with a lawyer really is best. Not only can an attorney help you navigate your divorce with less stress and fewer snags, but they can also help protect you and ensure fairness every step of the way.