Do You Need to Hire a Divorce Lawyer?

Divorce is a legal procedure that requires compliance with state-specific laws. Each state's divorce laws are different however those governing child custody, property division, child support, spousal support or alimony, are all complex. The court systems that administer state divorce laws are also complicated.

To obtain a legal divorce there are many hurdles you must clear. First, you must determine which court has jurisdiction over your case. Next, you must establish valid grounds (i.e. fault or incompatibility), file for divorce and serve the petition. Then you must conduct discovery and resolve or litigate all disputed issues. Finally, you must obtain a final judgment or decree, which can take up to six months in states with waiting periods that give couples a chance to reconcile. After the divorce is final you must also complete additional tasks such as changing title to property, transferring retirement funds pursuant to a Qualified Domestic Relations Order, closing and dividing account and changing your name on all vital records.

You aren't required to hire a divorce lawyer to perform these tasks however it may be in your best interest to do so. If your case involves the division of property, child custody and/or support, a lawyer can address complex issues often overlooked by self-help resources. Additionally, a competent lawyer who understands the intricacies of your case and the common interpretations of law by the family court judges in your community can determine the best strategy for approaching and resolving your case. Thus, when your case involves complex issues, hiring a lawyer is advisable.

If your case doesn't involve children or issues such as property division and spousal support, using self-help resources to file your divorce pro se (on your own) may be an effective way to minimize costs.