Should You Be Your Own Attorney in Divorce Court?
Posted on: 2 July 2018
Divorce can either be executed privately or through the court. In amicable divorce agreements, both parties sit down with their attorneys and decide how they will divide the assets and share custody of the children. However, if you cannot agree with your partner, you will have to allow the court to make decisions for you. Court processes can drag for months and cost you a fortune if you want a good divorce lawyer, and that's why some people consider representing themselves in court. The question is, is this a good idea? Can going into divorce court without a lawyer affect the outcome? Read on to find out.
How law-savvy are you?
Divorce requires more than just disclosing your assets and agreeing to divide them with your ex. There's a whole bunch of laws and regulations that come into play as well. If you don't understand the legal system, it would be a bad idea to represent yourself. This gets even worse if your ex-partner decides to obtain a lawyer. An attorney understands the law, and they know what to fight for and how to do it vigorously. This can put you at a disadvantage and cause you to lose out on property and child support just because you didn't have a lawyer to fight for your interests.
Are you to blame for the divorce?
Separation and divorce occur for various reasons such as irreconcilable differences, cheating, spousal abuse, poor parenting, and drug abuse, among others. Most of the cases that end up in court are when one of the partners was unfaithful, abusive, or hooked to drugs. If you are the guilty party, tables can turn fast in court. The fact that your image has already been tainted puts you at a serious disadvantage, especially if you want to get child custody or spousal support. That's why you need an attorney to build a case that will justify your wrongs and help you get a favourable ruling from the judge.
What exactly is at stake?
When you are separating from your partner with whom you have no children nor share a lot of assets, the process can be fairly easy. This would even be easier if you signed a prenuptial agreement. In this case, it can be a good idea to go in without an attorney. However, if you have kids and a lot of assets, you need legal representation. That's because you have much to lose if the court ruled in favour of your ex for child custody and a considerable share of the assets.
Going into divorce court without a lawyer can be a risky affair. Getting an attorney may cost you less as compared to what you stand to lose if the court favours your ex. For more information, contact local family law experts.
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