When both spouses agree to end their marriage, the case may be considered an uncontested divorce. This often leads people to ask, “Do I need an attorney for an uncontested divorce?” Although you are legally allowed to represent yourself, handling a divorce without legal guidance may create financial, procedural, and parenting-related risks.
In cases where there is an agreement, the relationship between the couple may not be as contentious as when only one spouse wants the divorce. These cases are often known as uncontested divorces – and if you find yourself in this situation, you may wonder if you need an attorney to represent you at all. That’s an understandable question to ask. Let’s delve into the answer together.
Can You Legally Represent Yourself?
The short answer to this question is yes. In any legal matter, you have the right to choose to represent yourself. Although this is true under the law, it’s also true that just because you can choose something doesn’t mean you should. The truth is that almost every legal matter has nuances and complexities that you may not understand if you are not professionally trained in that area.
Myths and Misassumptions About Self-Representation
Representing yourself may seem like a good idea in theory, but in practice, it can actually be quite difficult. Here are a few common myths about representing yourself:
- You’ll save money: It’s true that hiring a lawyer isn’t cheap. Litigation can be expensive, especially if a case is particularly complex. What you may not realize, however, is that representing yourself can actually be more expensive. When you don’t understand the law, you may miss an important filing deadline or overlook fully asserting your rights under the law. Some of these mistakes are irreversible – and even if they are reversible, you will likely have to pay an attorney to address them anyway. Hiring a knowledgeable, experienced attorney from the beginning can help avoid these complications and may save you money in the long run.
- You’ll avoid stress: You may think that in a situation like an uncontested divorce, the experience of litigating your case will be fairly stress-free. It may seem like that at the beginning, but life is full of surprising twists and turns. Sometimes, the case that seems simple initially may turn out to be much more complicated than you realized. This is not to mention the fact that even in a divorce where both parties agree that it’s the best decision, emotions can eventually run high when certain issues are discussed – even if you thought that you initially agreed on those issues. Not having an attorney to advise you and guide you through the process can actually result in more stress than if you had just hired an attorney from the beginning.
- You’ll save time: Another common myth is that an uncontested divorce will be a quick and relatively easy process, and that you don’t need to spend time interviewing or consulting with an attorney. Again, it might seem this way at the beginning of your case, but in legal matters, circumstances can change unexpectedly. The time spent consulting with an attorney and seeking advice particular to your circumstances is almost never wasted.
These are only a few of the misconceptions people often make when they consider representing themselves. It’s also important to be aware that, in addition to these common misconceptions, there are many positive advantages to hiring an attorney, even if your divorce is uncontested. Let’s take a closer look at a few.
What Are the Advantages of Hiring an Attorney?
Just as every marriage is different, every divorce will be different, too. As a result, there may be a wide variety of advantages to having an attorney in your particular situation. Some of the most common advantages include:
- Assistance with gathering and organizing records: Even in an uncontested divorce, there may be issues that you and your spouse have to review and address together. These issues might include property division, child custody arrangements, child and spousal support, and others. Even if you choose to resolve all of your issues outside of court, you will still need Important information and documentation upon which to base your decisions. A knowledgeable and experienced attorney will help review your case and advise you on the types of information you may need to gather and how best to organize it.
- Assistance with negotiations: Although at the beginning of the divorce process it may seem as if you and your spouse agree on every issue, as we’ve discussed, complications and disagreements can later arise. If that is the case, you will need to negotiate those issues and try to reach an agreement. An experienced attorney can serve as an important advocate and guide during this process. They should be able to discuss your ideal goals for the issues involved and help you work toward solutions that best suit your family and your future.
- Providing general legal advice: As we’ve already discussed, the law can be complicated and confusing. You may think that the divorce process seems simple, and things could turn out to be far from simple in reality. An attorney who understands the law and can explain how it applies to your situation is invaluable.
These are only a few of the many advantages of hiring a well-qualified divorce attorney. The truth about divorce is that it can be a very stressful experience, even in the best of circumstances. When emotions are running high and issues seem complicated, you want to know that you’ll be able to turn to someone who can help you through the process and onto a better and brighter chapter ahead.
McCrary Pack, PLLC – Here for You
At the McCrary Pack, PLLC, we know that when you’re going through a divorce, you may feel overwhelmed. That’s understandable. The law can be complicated and confusing. Even in the best of circumstances, you are probably dealing with many painful emotions. The last thing you need is to worry and wonder about whether you’re doing all you can to get through this process as smoothly as possible while making the best decisions for your family and your future. The good news is we’re here to help. Wherever you are on this journey, we’ll meet you there, and we’ll walk with you each step of the way. If you’re ready to get started today, give us a call. We look forward to helping you soon.