Should You File for Divorce Without an Attorney?

You have been separated from your spouse for 2 years. You no longer live together. You have divided the furniture, and even closed your joint checking account. The only thing left is to file for divorce and finalize the matter. It seems like this should be a simple proceeding, so is it necessary to hire an attorney?

The term “simple” can be misleading. The truth is that no matter how “simple” a divorce may seem, there will always be complex legal matters to address. Thus, there are really multiple reasons why you should hire an attorney when handling the burden of a divorce filing.

To begin, an attorney can help you navigate the complex paperwork required by the court system. There are several critical steps required to be taken in order to complete a divorce filing. For instance, there are certain affidavits that often are required by the courts, certain disclosures, certain statements needed regarding military status, and other mandatory disclosures the courts require.

Additionally, though it may seem counterintuitive, an experienced attorney can actually assist in mitigating expenses. This is because there are often unanticipated disputes or assets that have yet to be divided, even in “simple” cases. For example, while you and your partner may have made the decision to allow one person to take the vehicle after the separation, both names may still be on the title and on loan for the car, creating an unexpected impact on each person’s credit or requiring an unexpected loan payoff to avoid further credit dings. Or perhaps your spouse has an undisclosed joint credit card with Best Buy or Capital One, and you find out about it after a failed payment dings your perfect credit score. An experienced attorney will guide you on what to consider and help you find these unexpected issues.

Finally, a divorce is a major life changing event, even if you have been separated for many years. Emotions can begin to run high, and even though it may seem that there will be no complications, it can become heated. Having an attorney on your side will ensure that should it become complex, your interests are protected.

Thus, it is these sorts of unanticipated situations that an attorney can assist you with, while also ensuring that you are protected. An experienced attorney will know the right questions to ask you to ensure that you are considering all the possible pitfalls and unexpected matters carefully, in order to guarantee the divorce is handled properly, that it is filed without concern of being rejected, and that your financial and personal interests are protected. While it cost a bit of money on the frontend to hire an attorney to handle that “simple” divorce, it is more often than not worth it to avoid possible headaches and sizeable expenses later on.

Additionally, when matters of a divorce are relatively uncontested with both parties having already handled many of the division of assets and custody matters, hiring an attorney is often not as expensive as you may think. For instance, at the Barnds Law Firm, an uncontested divorce is available for just a $1,500 flat fee, and the $200 filing fee. This ensures you that your matter will be handled by experienced attorneys who will protect your interests and conclude the divorce in a timely manner. The Barnds Law Firm provides this service because we know that many couples are able to reach amicable decisions regarding the division of assets, and that many working families cannot affords unnecessarily large retainers for uncontested cases. If you are seeking a divorce or have been served with divorce papers, call us today at 913-514-0909.