The short answer from an undoubtedly biased (but perhaps wise) author is YES!
Lately I have been seeing a great trend in my law practice, clients coming to me wanting a divorce, but they are on very reasonable and amicable terms with their spouses, which is good news. The parties who come to me have already made the decision to hire a lawyer, but often times I will hear them say “so and so did their own divorce and…” the part after the “and” is usually disastrous. So it begs the question if you do not anticipate having to go to court and you think that you and your spouse can agree on the division of property, custody issues and any other issues present in your divorce, do you still need an attorney?
The reasons why my answer is yes are plenty. One of them is that the legal system can be a burdensome, technical, take no prisoner’s, or mistakes, entity. There is a reason why lawyers are paid several hundred dollars an hour for their time and advice and one of the most signifigant aspects to that is they are trained on how the system works, they know the procedure and know how to execute a divorce, something that can be easier said than done.
Another reason why I would recomend always having an attorney when getting a divorce is that if you are contemplating a divorce or are already in the process of a divorce it is an extremely difficult and emotional time in your life, even if the split is on amicable terms. If you have an attorney, they should serve as the voice of reason and be able to advise you on whether or not any decisions you are making with your spouse about division of property or custody are sound and what the future consequences of those decisions may be. In my practice I have noticed that many poeple do not know or do not think about what a decision that seems reasonable now, will mean for them in the future and those consequences can be life changing. (For instance if you are ever planning on moving out of your current town and you have children – the decisions made during the divorce regarding custody of the children may preclude you from EVER being allowed to move).
Divorce Judgements can also be complicated documents, the clerks will reject them for the slightest technical error and if the error is not corrected you may think you are divorced, remarry and then find yourself guilty of bigamy…a situation TWO clients have come to me with!
If you find yourself in a divorce that is amicable, count your blessings, but think twice about not retaining an attorney to execute the divorce properly. Not only will you have someone who has experience with the system, but you can also have peace of mind that any agreement you enter into with your spouse is fair and proper. If you want to learn more about Moore Law Group and how we handle amicable divorces please call (951) 463-5594.