If you and your spouse are seeking a divorce, you are not limited to consulting a divorce lawyer for help. Although they are commonly consulted in divorce cases, divorce lawyers may not always be the best option when attempting to divorce peacefully. Whether you need a divorce lawyer or not is based on your circumstances, as well as the state you reside in. Not all divorce cases are the same, so neither should their means of divorce. In the state of California, you do not need a lawyer to initiate or to complete the divorce process. Here’s how to know if you need a divorce lawyer.
DIY Divorce
In some instances, couples choose to go through the divorce process by themselves, without the use of divorce lawyers or mediation. The two people in the relationship can resolve alimony, child support, property rights, and all other issues between each other. This is by far the easiest and cheapest method of divorce. If you and your future ex-spouse are able to come to an agreement without consulting a divorce lawyer or mediator, you will likely save yourself time and money. The stress and nastiness that can come along the process of divorce may never allow the two of you to become on good terms. Working with your partner allows both of you to come to the terms you both want, without any of the potential fights.
In California, the courts allow you to submit divorce forms without either party having to go to court or hire a lawyer. If the divorce goes uncontested, you may apply for a Joint Petition for Summary Dissolution of Marriage.
Using A Mediator
With the use of a neutral third party negotiator, divorces can be done quickly and cheaper rather than using a lawyer. This method is used when both spouses are willing to come to some terms of the agreement but not all the terms. A mediator is used by both parties to come to a fair agreement. This is an advantage mediators have that lawyers do not. Mediators are able to talk to both sides of the parties, while divorce lawyers cannot. Mediation is often the most peaceful method of divorce.
When You Need a Divorce Lawyer
If children are involved or if tensions with your spouse are high, you might want to start looking for a divorce lawyer. In many cases, spouses will want assets that they may not be entitled to, purely out of spite. For example, some lawyers are known to fight out even the most minor details in court, while other lawyers will want to settle out of court. This step is often overlooked and can lead to anguish, and sometimes will result in further delays in the proceedings. You or your spouse could have the court delays make you become bankrupt just from paying all your lawyer fees, so you must decide to fight back or simply stand down. Court and attorney fees add up very quickly and could cost you everything.
Lawyers may exacerbate issues with your spouse
If you and your spouse have major conflicts that may be physical, bringing a lawyer into the mix may only exacerbate such issues. However, having an experienced lawyer can help protect you against a spiteful spouse. If you are in fear that your spouse may harm you, you may file for a Temporary Restraining Order against your spouse.
Using A Lawyer Specialized in Family Law
Being able to get a divorce with a highly competent lawyer can be a blessing many take for granted. Children can be much better off when lawyers are not involved in divorces and are affected less by quicker divorces, rather than dragged out divorces. Needing to go to the lawyers’ office to be asked questions is not exactly what a child thinks is fun and enjoyable, and may take a toll on their mental health. Using a Certified Family Law Specialist (CFLS), can give you the assurance that your case will be handled diligently and without any large issues stemming from the case. CFL work hard and diligently to retain their notable certification. When regarding California Family Divorce law, CFLS are the most suited attorneys to be assigned to your case.
Using Collaborative Practice
In collaborative practice, the two parties agree to not use their respective lawyers and instead settle the divorce outside of court. The two parties must sign a consent form stating that they must not go to court regardless of the circumstances, and the two lawyers assigned to the case will be dismissed if the matter attempts to reach court. Using this method, the two parties gather law experts, as well as some mediators and other informants (i.e. someone brought to appraise the home and other tangible items), to come to an agreement outside of court. This process is much like the mediation process, as it does not take place in court and ends with both parties needing to settle and come to an agreement.
How to Protect Yourself During Divorce
If you are still asking yourself, ‘Do I need a divorce lawyer’ after reading this article thoroughly, you may need to call a lawyer. If you cannot decide for yourself what you must settle for, especially when children or large sums of money are involved, you most likely need to speak with a lawyer regarding your divorce. When dealing with such sensitive subject matters, such as child support or alimony payments, it is imperative that both parties understand the terms and repercussions of divorce.
Contact Pride Legal
If you or a loved one is seeking a divorce, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
