Key Takeaways:
- With the increase in DIY divorce websites, you don’t necessarily need an attorney in simple cases.
- The more complicated the situation, the more likely you’ll benefit from hiring a divorce lawyer.
- If you get along, have little to no property, children, or debt to divide, it’s less important to have an attorney.
- If your spouse has a lawyer, you need one too.
- Custody arrangements, parenting plans, and settlements become complicated, and it’s easy to make mistakes that are incredibly difficult and expensive to fix later.
As problems in your marriage mount, you may consider whether divorce is the best choice. The question of dissolving a marriage is ultimately intense, difficult, and incredibly personal.
Having a skilled professional to guide you through the process can be a huge benefit during a time of emotional turmoil, when you may not always think clearly.
This may not be a comprehensive list, but ask these questions before hiring a divorce lawyer.
Do You Need A Divorce Lawyer?
By the time you get to this stage, you’ve probably asked things like why you’re staying married or if you can possibly salvage your relationship.
At this point, you’ve likely decided to dissolve your marriage. It’s more a matter of when and how than if. The next step is to figure out if you need representation in the coming split.
With the proliferation of do-it-yourself divorce websites, online tools, and similar resources, you don’t necessarily need an attorney to end your marriage.
In many ways, the process can be straightforward.
You download the forms, fill them out, file them for a fee, and get a divorce.
At the same time, it also often becomes incredibly complex.
- Children and custody disputes commonly lead to issues.
- If you and your spouse have a great deal of shared property to divide, like homes, cars, or debts, that often creates friction.
- Age, health, future earning potential, the length of the marriage, and other issues also factor into your divorce settlement.
The more to argue over, and the more you and your spouse disagree about how to proceed, the more tangled things become.
The more complicated the situation, the more likely you’ll benefit from hiring a divorce lawyer to protect your rights and interests. An experienced attorney shepherds you through the process. They also provide peace of mind during stressful times.
Related Reading: Pro Se Divorce – When To DIY
The Benefits Of Hiring A Divorce Lawyer
You can handle the details of a split on your own. This arrangement is best suited for shorter marriages, those without children, and those with little shared property to distribute.
If your spouse enlists an attorney, strongly consider finding representation. If for no other reason than to put you on an even footing. Beyond that, a divorce lawyer can help in many additional areas.
Related Reading: How to File for Divorce in Washington
Division Of Property
The more property you and your spouse own together, the more assets you have to divide. Thus, the more complicated the process.
Washington is a community property state. Under these statutes, all assets acquired during a marriage, even those held in one individual’s name, legally belong to both parties. In the event of divorce, the court divides all assets between you and your spouse equitably.
You and your soon-to-be-ex can work together to come to terms. But if this becomes contentious, a lawyer or mediator helps you reach a fair agreement for everyone.
Related Reading: How Is Debt Divided in Washington State?
Child Custody
Child custody issues frequently cause problems in divorce. Hiring a divorce lawyer experienced in these cases can be a huge benefit. If you hope to protect your guardianship, custody claim, visitation, and more, you may be best served by hiring a veteran attorney.
Child Support
- Child Support: These payments provide for the continuing care of minor children. In general, the party with the most overnights receives payments from the other. However, they can still be present in cases of 50/50 shared custody.
- Spousal Support: Though not awarded in every case, the court often orders spousal support to help your former partner meet financial needs after a divorce. The amount of these payments is based on what is fair and equitable in a given situation.
Understanding Your Divorce Settlement
While DIY methods can lead to a quicker, cheaper divorce, they often also create issues down the road.
Custody arrangements, parenting plans, and settlements become complicated. If you handle them yourself, unless you have a legal background, it’s easy to sign something you don’t fully understand.
These things can be difficult, to say the least, and expensive to modify after the fact. And that will likely require professional legal help. Hiring a divorce lawyer upfront often heads off potential calamity in the future and ensures that you don’t get blindsided by issues you weren’t aware of.
Related Reading: Average Costs of Divorce in Washington State