Can you divorce without an attorney?
Can you divorce without an attorney?
Yes, there is never a legal requirement to be represented by an attorney.
Yes, you can get divorced without hiring an attorney. It is not legally required to have one. Many divorcing individuals choose to represent themselves and are pleased with the outcome. But just because it is allowed doesn’t necessarily mean that divorcing without an attorney is the right thing in every situation.
Divorcing without a lawyer can be quick and inexpensive, so it is an appealing option. A no-fault divorce is a perfect example of a time when an attorney may not be necessary. Most states support no-fault divorces, so no matter where you live, it may be possible to go forward without a lawyer.
If you do not have any marital assets and/or if you do not have any children, as in the case of an annulment, you and your spouse may be good candidates for divorcing without the aid of an attorney. If both parties are willing to relinquish rights for spousal support, then the proceedings can move very quickly.
On the other hand, just because it’s allowed, there are still times when it’s very beneficial to lean on the expertise of an experienced divorce attorney. For example, every state in the U.S. has a standard for what is best for children during divorce and henceforth after the marriage is dissolved. Therefore, when shared children are involved, it’s in your best interest (and theirs) for you to obtain legal representation.
Similarly, if you plan to ask for spousal support or would like for marital assets to be divided equally, an attorney can help. And, of course, if your spouse hires an attorney, you probably need to do so as well.
If the divorce is amicable, sharing an attorney is another option that you and your spouse have. This, too, will save money and cut down on the legal red tape for both of you.
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