Divorce is a difficult and emotionally demanding process which for many people proves incredibly hard to navigate. Some hope to resolve things quickly and not involve a lawyer – but is this a viable approach? In this article we’ll discuss why you always should enlist the services of a lawyer to help with a divorce.
The Problems of a Divorce with No Lawyer
There are serious issues which could emerge if you don’t secure yourself a divorce lawyer.
General Problems
There are some important things to remember when it comes to divorce. Firstly, divorce is a complex legal matter and involves many different laws, paperwork, forms, and rules which require key attention to detail and experience to navigate. It can be a very demanding process to try and navigate and often confusing and stressful. It is possible to make serious errors during the process, and these can cost you seriously as a result.
Amicable?
Many people approach divorces believing they are going to be easy because they will be amicable and as a result, they won’t require a lawyer. This is not as easy as it seems, and it can result in serious problems. A divorce involves,
- Drawing up an agreement – and drawing it up in a form a court will accept
- Going through the court process – presenting documents
- Getting the judge to accept and approve the documents
- Finalising the divorce
Each step of the divorce process takes a lot of time and effort – not to mention a great deal of mental energy. There are also unforeseen problems which can crop up – i.e., errors with agreements – or you may be granted your divorce but have drafted a poor deal for yourself – something you’ll be unable to fix.
Having a divorce lawyer will allow you to draft agreements that will flow through the court process smoothly while also ensuring you avoid making mistakes which could cost you in the future.
Knowing the Law
The biggest thing to remember is that Divorce Lawyers and Solicitors know the law – and in most cases you will not. The law is a complex matter and unfortunately you need someone who knows it clearly when it comes to divorce. If you don’t, you will need an expert.
Divorce Lawyers also know the judge – which is important too. They also have extensive knowledge of how the divorce system works, and what is necessary to get your case organised and done properly. Most non-lawyers will not even know where to begin.
The best way to ensure a simple and clean divorce is by having an experienced divorce lawyer.
Do I need a Lawyer?
Legally speaking you do not require a lawyer – but there are some very good reasons to enlist the help of one. These include,
– Avoiding Court
Lawyers offer one huge benefit: they offer you a way to avoid a difficult court process.
Going to court is always the final approach of any good lawyer. An experienced solicitor at www.oraclelaw.com will aim to reach an agreement out of court. This can save you an incredible amount of stress and worry, and ensures you don’t have to engage in a long court case.
– Finances
This is one of the most important areas to navigate when dealing with a divorce and making mistakes here can have long term implications. If you do not have the proper legal advice, you’re unlikely to know exactly what you are entitled to when it comes to divorce. What should happen to your matrimonial home? Do you have a claim on your former spouses’ pension?
The complexities of these issues means they should only be organised and considered with expert legal advice and the assistance of a solicitor.
Even in situations where finances appear to be relatively simple (i.e., there are no children and neither partner wishes to make a claim against the other), it remains possible for there to be issues – a lawyer can ensure this doesn’t matter.
– Children?
If you have children, it’s necessary to form a parenting plan and schedule. You will need to determine child custody. In the UK in most cases women maintain a joint custody of children. However, organising this is not always easy – and if you disagree it’ll be necessary to look for mediation. Custody disputes can also involve third parties as well – such as grandparents. These are complex and emotionally demanding
If you cannot agree and if you believe that contact with the other parent will be acceptable for the child (in the case your ex-partner Is abusive or there is a history of violence) it’ll be likely that you will need to engage with a court to secure full custody. This is not an easy or simple process, and it will require the assistance of a lawyer.