Once you and your spouse choose to separate, you likely find yourself wondering if you need a divorce attorney. After all, if the two of you agree on all points, you can quickly reach a resolution without legal counsel, right? The truth is that representing yourself can alter your life for a long time to come. Hiring an attorney is not only responsible but likely to yield the most favorable outcome for your entire family.
Ask a Divorce Attorney: What Are the Risks of Not Having an Attorney?
A considerable amount of paperwork must be reviewed and completed for any divorce. This arduous task demands more than a rudimentary knowledge of the law; to complete the paperwork properly, that is, to the court’s exacting standards, you must understand each document’s complex verbiage and provide thorough answers.
To further complicate matters, several rounds of paperwork must be submitted in compliance with various court deadlines; missing a single deadline by no more than a day can table your divorce, meaning you’ll have to begin the process again.
Lack Vital Knowledge
Keep in mind that court employees, including clerks and other staff members, cannot provide legal advice to anyone, even unrepresented parties. You’ll thus need to learn for yourself how to follow vital court procedures, such as how to provide your spouse with notice. As you puzzle through these details, your divorce will likely hit roadblocks that protract the process.
While any person in a court proceeding can legally represent themselves, individuals who do so are held to the same standards as licensed attorneys. You will be expected to behave professionally, answer questions prudently, and present your arguments competently. A judge will not make special allowances or forgive mistakes.
The Value of Experience
Experienced attorneys, on the other hand, already know each judge’s procedures, rules, and expectations. They will counsel you accordingly and ensure you meet every court-imposed deadline. Likewise, a divorce attorney in Sugar Land TX will understand the art of negotiation and advocate for your rights throughout the divorce process.
Lose Your Custody Case
Custody battles tend to be even more stressful than divorces. Parents often argue about visitation, child support payments, and custody arrangements. In many cases, the arguments grow to such proportions that a judge must decide a child’s living arrangements.
Common and Dangerous Beliefs
The trouble is that without an attorney’s guidance, parents often go to court with false ideas. Mothers commonly assume the court will favor them, while fathers typically believe they have no chance at fair custody arrangements.
Such limiting thoughts lure parents into traps of false hope or utter despair. They fail to fight properly for their parental rights and, in turn, lose the visitation or custody arrangement to which they may otherwise have been entitled.
A Fairer Outcome
An attorney will craft an equitable parenting agreement that prioritizes your child’s safety and happiness. They will also alert you to the likely outcome of your custody case so you can plan accordingly.
Feel Overwhelmed
Divorce can evoke an emotional storm that includes anger, melancholy, and even fear. While experiencing these emotions is perfectly normal, they do make it harder for you to act objectively. High emotions might encourage you to demand possession of all household items or retirement accounts. This behavior, however, will only paint you in a negative light before the court and delay your divorce proceedings.
An attorney, in contrast, can help establish boundaries in how your emotions impact your actions. They will explore your options and use fair and objective legal standards to fight for what you want. Last but not least, an attorney will help keep the divorce on track so you and your spouse can part as amicably as possible.
Sever Communications With Your Spouse
The previous point brings us to our next: that it’s better to part amiably if you can. In representing yourself, however, you may feel the need to sever communications with your spouse. Why trouble with more conversations if the relationship has ended?
Unless you’re leaving a marriage with a history of violence or abuse, an attorney will likely recommend you continue speaking to your spouse. The better the two of you can communicate, the easier your divorce process will be. You may even find a way to agree on difficult subjects like property division and spousal maintenance without needing court intervention.
An Advocate in Your Corner
Alternatively, if the two of you cannot speak in a positive, forward-moving manner, an attorney will talk to your spouse and their legal counsel for you. They’ll approach every conversation judiciously and, when you must communicate with your spouse, offer advice on what to say and how to say it.
Divorce can be difficult from all perspectives. Not only is it the ending of a chapter, but it also forces you to navigate a relatively complex legal system. You could go through this process alone, without the guidance of an attorney. Doing so, however, puts you at risk of making critical paperwork mistakes, losing your custody case, and feeling more overwhelmed.