Do You Need a Lawyer to Get a Divorce?

Many people assume that in order to get a divorce, you are required to hire a lawyer… wrong. Whether or not you may need a lawyer, you can use mediation or go through the process on your own, to get a divorce but this depends on several factors.

If you and your spouse are able to agree on all aspects of the divorce, such as: child custody, division of assets, etc., you may be able to file for an uncontested divorce without the assistance of an attorney or a mediator. In this case, you would still be required to fill out and file necessary paperwork with your local court.

This may seem overwhelming and difficult to navigate through without any assistance. If you and your spouse are somewhat amicable and need help to come to an agreement for your divorce, you may want to turn to mediation.

In divorce mediation, the clients make all of the decisions. The role of a divorce mediator is to facilitate and guide the negotiation of a written divorce agreement for presentment and approval of the Court. The mediator will systematically help you and your spouse to identify issues and interests, maintain a neutral environment that encourages open and honest discussions, and advise how the law can apply to various situations. Mediators cannot tell you what to do, they are simply there to offer assistance where needed.

However, if you and your spouse cannot agree on important issues related to the divorce, such as child custody, property divisions, or if your divorce involves complex financial issues or significant assets, it is recommended that you hire a lawyer who can help you with these processes.

A lawyer can help you navigate the legal system, unlike a mediator. Keep in mind that each of you will have to hire an individual lawyer… this can become costly.

Ultimately, the decision to hire a lawyer, mediator, or take on this role yourself for your divorce depends on your individual circumstances and the complexity of your case. It is always a good idea to consult with a professional Divorce Consultant to discuss your options and determine the best course of action for your situation.

For more information on any of the topics discussed in this article, check out our Instagram @comeiromediation which has further explanations on all things divorce!