Do You Really Need a Divorce Lawyer?
Divorce can be long, messy, and expensive. If you're facing a divorce, it can be overwhelming as you want to get it done quickly and correctly. Since you have the choice of hiring a lawyer or not, you may wonder if they're worth the extra pay. Read on to help you answer this question for yourself.
Agree on the easy stuff
It's best if you and your spouse can talk through the terms of your divorce reasonably before you involve your lawyer. If you feel that things might get heated, ask a neutral third party to attend your discussions to act as a referee if necessary. Talk through how your children will be catered for, and how assets and capital will be divided. If you can agree on the basics, you'll save yourself a lot of time and money when it comes to involving legal representation.
Keep emotions checked
Keeping your divorce as amicable and dispute-free as possible is very important for your emotional well-being, and for that of your children. If you choose to hire a lawyer, try to find someone who will support this approach. A legal representative who is likely to take a 'fight it out in court' stance as opposed to a reasonable negotiation strategy will just encourage a confrontational response from your spouse's legal representation, and this is when things can turn nasty.
Your lawyer may suggest taking a 'collaborative' approach. This means that both sides agree to avoid going to court, and instead work together in cooperation to reach a settlement. This approach can lead to an earlier settlement, and avoids the expense of protracted court-based divorce proceedings.
When you really must hire a divorce lawyer
There are some circumstances when it is necessary to hire a divorce lawyer immediately. If you or your children are suffering any form of abuse at the hands of your spouse, a lawyer will be able to arrange for protection for you. If your spouse is being totally unreasonable, dishonest or spiteful, and you and your children are suffering because of their behaviour, a lawyer will act to protect your interests.
Take legal advice immediately if you are afraid that your spouse could try to hurt you or your family. If necessary, your lawyer will be able to obtain an injunction or restraining order to prevent your spouse from approaching you or your children while the divorce proceedings are going through. They will also obtain a temporary custody order of your children for you to prevent your spouse from accusing you of kidnapping them.
If your spouse is 'lawyered-up', it's wise to hire a lawyer too. A specialist divorce lawyer will be far better placed to deal with an experienced professional than you are.
If you are in the process of discussing divorce with your spouse, it's a good idea to talk things through with a law firm like Adelaide Legal. They will be able to advise you of your options, and will help you to bring the matter to a satisfactory conclusion with the minimal emotional turmoil possible.