Divorcing your partner can be a thorn in your side. Alimony, property division, child support, and custody for younger children will occupy a large portion of your time during the divorce process. Not to mention the costs of hiring a process server company to serve legal documents and hiring a lawyer. Why did they go through all of this trouble when all you want to do is start anew?
Is it possible to avoid a divorce lawyer and just go to court and get it all done without him or her? If you feel it’s not, check out these Toronto Divorce Lawyers.
Divorce Without a Legal Battle
An uncontested divorce, or what some people call a divorce, can be obtained if both parties have agreed to resolve all of the major issues and conflicts. If you live in a state that doesn’t require you to show up in court if you can prove that neither side is disputing anything, you’re in luck. Even if you don’t have minor children, most states still require you to appear in court.
A divorce that ends in an amicable settlement will not necessitate the services of an attorney. There is a warning that both parties may decide that they want to take the matter to court. If you don’t have a lawyer to protect your rights and make sure you’re doing things correctly, even in an uncontested divorce, it will be too stressful to go back and forth by yourself.
When Do You Need a Divorce Attorney?
In some cases, a divorce lawyer is an absolute necessity. When the following is true:
- There is already a problem with abuse.
- You don’t have complete faith in your spouse’s word.
- Your spouse is already working with a divorce attorney to finalize the divorce.
- You’re dealing with minors at this point.
- Both of you are dealing with serious financial difficulties.
To find out if you qualify for pro bono or discounted legal representation, you can contact your local legal aid office to see if you qualify for free or reduced legal services. As long as the divorce is ongoing, you are allowed to retain the services of an attorney even if you don’t meet the qualifications.
Lawyers should be hired when domestic violence is involved, as this requires a complicated process. If you or your children are in danger of being assaulted, here are some things to keep in mind:
- Stay away from your spouse until a temporary restraining order can be obtained, and only then can you feel safe.
- If you take the children without first obtaining a TRO, you run the risk of being accused of kidnapping.
- You can take money out of your joint bank accounts if you need it for safety reasons. Make sure you don’t take out more than you absolutely need.
- To get immediate spousal support, contact an attorney and ask them to file a lawsuit.
Why Hiring a Divorce Attorney Is Necessary
In the end, no matter how much you learn about divorce, if you have never dealt with a divorce before, you may end up with more problems than advantages. Divorce is a complicated process that requires a lot of time and effort. Even if you’re a natural at filling out paperwork, there are still a slew of fine points that must be addressed before your case can be properly filed in court. In addition, you don’t want to be late for anything!
What to Ask Yourself Before Hiring a Lawyer
- Are you unable to handle your divorce case because of your high level of emotion?
- Do you have the time to learn the ins and outs of the legal system?
- How long have you and your partner been at it? If you and your partner can’t seem to agree on anything, it will be difficult to deal with your case.
- In order to complete all the paperwork, do you have enough mental capacity?
- Were all of your financial issues resolved?
- Do you require assistance in resolving your financial issues?
- Are you requesting financial assistance from your spouse, such as spousal maintenance or child support?
- Are you still debating what to do with your property?
- Do you still have minor children in your family?
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