Hi attorney, my spouse and I are planning to divorce. We agree on everything, including property division and child custody, etc. My question is, do I need a divorce lawyer? Thank you.from a concerned member
You’ll find more about this answer in our article “Divorce Without A Lawyer“
This question doesn’t have a yes or no response because it will largely depend on your situation. Probably you aren’t including “everything,” or you aren’t aware of what should be in the divorce agreement. You might have agreed on child custody, but have you decided on who will pay for the child’s extracurricular activities? What about your house? If you sell it, how will you split the proceeds? All these are potential areas for conflict.
Even if you have agreed on absolutely everything, you need a divorce lawyer to help you think about aspects you hadn’t thought of, or keep your spouse accountable if they try to retract in court.
You will also need a lawyer to help you draft the agreement. Yes, you can memorialize the agreement on your own, but if you make any slight mistake, it will stay with you for the rest of your life.
You may actually not need a lawyer in rare cases where you don’t have children or any marital assets. You can also self represent if you have divorced before; however, the procedure might have changed since your last divorce.