What are the pros and cons of using a divorce lawyer?

 

What are the pros and cons of using a divorce lawyer?

Tim Cella

used to work at several law firms

As with everything in life, there are pros and cons and whether you actually need a divorce lawyer will totally depend on your circumstances. If you and your spouse are amicable and not fighting and acrimony is non-existent, then you might not need a lawyer at all. If on the other hand, one or both spouses are fighting… well, then, you might need one no matter what. Here are some pros and cons:

PROS

1. Legal Knowledge and Expertise: A divorce lawyer has extensive knowledge and expertise in family law and divorce proceedings. They can provide you with legal guidance on important issues related to divorce such as child custody, alimony, property division, and more.
2. Objective advice: During the stressful and emotional process of divorce, it is easy to make decisions that are not in your best interest. A divorce lawyer can provide objective advice, helping you to make sound decisions based on your unique situation.
3. Avoiding Mistakes: Divorce proceedings can be complex, and there are various legal requirements that must be met. Without a divorce lawyer, you may miss important deadlines, overlook necessary paperwork or make costly mistakes. Hiring a divorce lawyer can help you avoid these mistakes.
4. Litigation Experience: If you need to go to court during your divorce proceedings, a divorce lawyer will be able to represent you and navigate the legal system. They have experience in litigation and understand the nuances of court proceedings.
5. Negotiation Skills: A divorce lawyer can negotiate on your behalf in order to obtain the best possible outcome for you. They know how to communicate effectively with the other party's lawyers and can work towards a resolution that meets your needs.
6. Reduced Stress: Going through a divorce can be an incredibly stressful experience. By hiring a divorce lawyer, you can alleviate some of that stress by letting them handle the legal aspects of the process.
7. Protecting Your Rights: The truth is - you don’t know what you don’t know - and if you don’t know for example that you can get half of your spouse’s retirement account and you don’t ask for it - you won’t get it. A divorce lawyer can ensure that your rights are protected throughout the divorce proceedings. They can represent you in court and fight for a fair settlement.
8. Help With Paperwork: There is a lot of paperwork involved in a divorce, and it can be overwhelming to try and keep track of it all. A divorce lawyer can help you complete and file all necessary paperwork correctly and efficiently. I’ve heard horror stories from court clerks about how they “dislike” people doing their own legal work and how they have to reject pleadings done wrong.

CONS

1. Cost: One of the most significant cons of hiring a divorce lawyer is the cost. Lawyers can be expensive, and the cost of legal fees for a divorce can quickly add up. This can be a disadvantage if you are on a tight budget. In fact, some lawyers will make things more expensive than they need to be (see #7 below).
2. Lack of Control: When you hire a divorce lawyer, you are effectively placing your case in their hands. This means that you may not have as much control over the outcome of your case as you would like.
3. Lengthy Process: Divorce proceedings can be lengthy, especially when lawyers are involved. Hiring a lawyer may extend the process, which can be frustrating if you want to move on with your life.
4. Emotional Distance: While a divorce lawyer can provide objective advice, they may not be able to offer the emotional support that you need during this difficult time.
5. Adversarial Nature: Divorce proceedings can be adversarial, with each party fighting for their own interests. This can create a contentious atmosphere that may not be conducive to resolving disputes amicably.
6. Limited Availability: Depending on the lawyer's workload and schedule, they may not always be available to answer your questions or discuss your case with you.
7. Overly Aggressive Representation: Some divorce lawyers may take an overly aggressive approach, which can exacerbate tensions between parties and make it more difficult to reach a resolution. Some lawyers just want to fight. You don’t want someone to make your situation worse than it already is.
8. Unpredictable Outcomes: Ultimately, the outcome of your divorce case will be determined by a judge, who may not rule in your favor despite your lawyer's best efforts. This can be frustrating and disappointing.

Overall it’s 100% completely up to you whether you get a divorce lawyer or not. I’ve found having a great lawyer on your side can be beneficial because, as I said before - you don’t know what you don’t know. Having someone who’s been through law school, passed the bar, and done hundreds of your type of case can really help. So make sure you get someone who is a right fit for you - if you’re going down that road.

I hope this has been helpful. Good luck.