You and your partner are in mutual consent when it’s about divorce-related issues. And, so you might think you don’t need a divorce attorney. You may be right in your own way because you and your partner can represent yourselves in the court and get divorced. Yet, not consulting a divorce lawyer can be to your disadvantage.
Keep reading this article to know why you should consult a divorce lawyer even if there’s mutual consent between you and your partner.
Not every Divorce Case is Simple
In an uncontested divorce, you and your partner are in mutual agreement with each other on the issues like parenting responsibilities, shared custody of the child, the amount and duration of child support, the amount and duration of spousal support, the division of property and debt, et. al. And, in such a case, you need not go to court and take the help of a divorce attorney to argue your case. You need to just file for a divorce settlement agreement that will let you settle all your debts, property, and children’s issues.
However, the reality is, as it stands out, that not every divorce case, even if uncontested, gets sorted out smoothly. Divorce cases where there are no minors involved and probably only a few assets are the simplest ones. The case is also simple when both the partners are capable of supporting themselves financially.
You and Your Partner Don’t Agree on Everything
You might believe that there’s nothing much to resolve in your divorce case but the cases that divorce lawyers often come across reveal that the two partners haven’t considered many of the things that are yet to come by in their lives after divorce and that could range from paying for their child’s education to how much amount would be paid by one partner to the other as alimony and for how long. You may have also not considered how to divide your pension plans and so on.
On the entirety, it’s about not what you and your partner agree upon, but rather about what you haven’t thought of before. And, this is where a divorce lawyer comes to your rescue. He will suggest a number of things that you never thought you should consider when filing for a divorce.
A Lawyer is Needed to Draft an Agreement
No matter how inseparable you are from your partner when it comes to the settlement of assets during the divorce process, a divorce lawyer is needed to draft an agreement. Nobody would say, you can’t do this on your own, but an agreement that governs all future rights and obligations needs to be drafted appropriately. Any error in the legal document would result in complications that you never intended.
And, therefore, it would be a good idea to let a divorce attorney, who is an expert in writing of a legal document, prepare the draft as the language used in such a document should match the standard used across the legal firms and be as clear and concise as possible.
A Divorce Lawyer Helps in Preparing a Case Information Statement
It’s easy to find a legal document preparer, paralegals, or legal typists in court to help you fill the divorce forms and other documents. But, they can not provide any kind of legal advice or information that may be necessary in certain cases. Often also when you and your partner file for a divorce and self-represent yourselves, a judge may dismiss your case if the divorce documents are not appropriate. One of the documents such as a Case Information Statement if not filed correctly, there’s a high chance that your divorce case will be dismissed.
A few dollars spent will be worth your time and effort, if a divorce attorney can make sure everything is alright until the last stage of your divorce. It would be worth your time and money if you can be able to find an experienced divorce attorney instead of an inexperienced one or a legal typist.
Sometimes Assessment of Retirement Benefits is Needed
For a divorce attorney or judge, the cases where there are very few assets to settle are probably the easiest to deal with. And so if you and your partner have a property, children, and retirement benefits to be availed, the divorce case gets often complicated. If the retirement benefits are to be availed from work, you need an appraiser or a lawyer to evaluate those and divide between you and your partner.
In some states, you and your partner can not jointly file for divorce. In such cases, one of the couples not being represented by any attorney may suffer a legal disadvantage unless he/she has a good knowledge of the law. Therefore, it would be best if both the partners can have their own attorneys.
Above all, you and your partner will need to understand that a major difference in the income level or proportion of assets between couples is what makes a divorce case complicated leading to a protracted litigation. And, therefore, despite your mutual consent to divorce, you must be willing to hire an experienced attorney.
If you or someone close to you is seeking a divorce lawyer in Tacoma city, Washington, you can get in touch with Whalley-Law. The attorneys here have many years of experience resolving complicated divorce cases.