If you have decided to file for divorce, you may wonder – do you really need a New Jersey divorce lawyer?
The short answer is – absolutely. While you have the option to file for an uncontested divorce alone, this is only possible if you and your spouse agree on the main issues. Most experts recommend that you hire a NJ divorce lawyer for assistance and to provide you with legal assistance through the process.
With that in mind, one of the best ways to ensure your rights are protected and that the decisions are being made with your best interests in mind is to hire an experienced divorce attorney. This is true even if you and your spouse can figure all the main issues out on their own.
Here are some things to remember when determining if you need to hire a divorce lawyer for your case.
Should You Hire a Divorce Attorney?
There is no legal requirement to hire an attorney to file for a divorce. However, the divorce process can be emotionally draining and stressful. This is particularly the case if you and your spouse cannot agree on important issues like alimony, property division, or child support.
When you hire an attorney to help with your divorce, you will be much less likely to make mistakes or cause delays throughout the process. All this is possible while gaining access to professional legal advice and eliminating some of the burdens related to the case or situation.
Consider the following questions to determine if you should hire a lawyer for help with your divorce.
Did Your Spouse Hire a Divorce Attorney?
The laws related to divorce can be complex. If you believe your spouse has hired legal representation or plans to, it is smart for you to do so.
Making even small mistakes during divorce can affect your financial and personal well-being. If you want to avoid simple mistakes, hiring a divorce attorney who can work for you and ensure you understand your rights is a good idea.
Are minor children involved?
If you have minor children, it can complicate your divorce situation even more. The laws related to child support and child custody are difficult and hard to understand. Even if you agree about things at the moment, your feelings may change in the future if one parent moves, disagrees with the decisions the other parent makes, gets remarried, or even has a change in their finances. If you do not have an agreed entry order, then you may have to pursue another legal case if a disagreement occurs.
Having an agreed entry order or hiring an experienced divorce attorney will help you settle the situation and prevent future conflicts from occurring. It will also help to ensure that your parental rights are protected.
Can you agree with your spouse about alimony?
Alimony is a specific issue that must be addressed during a divorce. For some situations, like couples who have been married for fewer than 10 years, long-term alimony will not be an option. However, temporary alimony may apply.
For couples married for more than 10 years, the alimony amount must be determined by a court. To ensure you receive a fair amount based on your situation and circumstances.
Do you and your spouse fully agree on the proper way to divide your assets and debts?
Property division is one of the most contested issues of any divorce. Understanding your rights is a must to ensure that you receive a fair divorce settlement. An attorney can help ensure that all assets are accounted for in your divorce, even those that your spouse may attempt to hide.
It is worth noting that most couples cannot agree on all the above-mentioned issues. Even if you think you agree, it is a good idea to contact an attorney to ensure your future is protected.
When You Need to Hire a Divorce Attorney
Since there is no legal requirement to hire a divorce attorney, it is up to you. However, there are some situations when having legal counsel is invaluable. Some of these situations include the following:
- Power imbalances
- History of sexual abuse, substance abuse, or domestic violence
- If your spouse has an attorney
Contact Our Legal Team for Help with Your Case
If you are filing for divorce, having legal counsel is highly recommended. Our legal team will work to ensure you receive a fair divorce settlement.
The first step is to contact our office to schedule a consultation. We can discuss your case and your needs. We take pride in providing our clients with the best possible representation for their situation.