If you’ve heard about the high cost of divorce from friends, family or the media, it may be tempting to represent yourself in divorce. This is particularly true if you and your spouse have decided on an amicable divorce. However, there are important reasons why you should hire an attorney to advise you of your rights and protect your best interests.
Why Should You Hire a Divorce Lawyer?
Divorce and family law have nuances that are difficult to understand, even for other attorneys who don’t specialize in these areas. Marriage gives each party certain rights and obligations regarding assets, income, inheritance and taxes. Divorce must divide these in a way that is fair and equitable. An attorney with the necessary skills and knowledge is essential to ensure that all circumstances have been taken into account in awarding support and splitting marital property.
Child custody and parenting time conflicts are common, and kids can be used as pawns in the parents’ divorce battle. An attorney can also help parents find solutions that serve the best interests of their children.
While statutory guidelines and formulas exist for all these issues, they are applied in a fact-specific way. You must understand how the relevant factors are weighed to make a strong case in court or negotiations.
What If You Cannot Afford a Divorce Lawyer?
If you’re worried you cannot afford an attorney using your own funds, New York courts can order one spouse to pay the other’s attorney’s fees when there is a wealth disparity between the parties. This is so the lesser-moneyed spouse can afford the same level of legal representation as the wealthier spouse.
While divorce can be expensive, much of the cost is within the parties’ control. The more fights you have with your spouse requiring your lawyer’s time, the larger your bill. If you are willing to compromise, your bill will be lower.
Attorney billing rates may also be a factor in the cost of divorce, but you should be careful about choosing someone with the lowest fee. There is probably a reason why someone’s fees are lower than the normal range. The attorney may lack the experience needed to efficiently resolve your case, and you may end up paying more to fix mistakes. You could also lose out on assets or support you would otherwise receive.
That doesn’t mean you should hire the most expensive attorney. Most importantly, you want to choose a highly experienced and reputable lawyer with good recommendations, who asks probing questions, listens and responds clearly, and makes you feel comfortable. This attorney may cost more than you want to pay, but they will likely have the skills to deliver a positive and efficient outcome to the greatest extent possible.
Do You Need an Attorney If You and Your Spouse Agree on Every Issue in Divorce?
Settling financial and custody issues on your own will keep your divorce costs low, but each of you should still hire an attorney. You want someone to draft and/or review the final settlement agreement for certain key issues, such as:
- Does it meet your needs and accomplish your goals?
- Is it complete, addressing all relevant issues clearly and concisely?
- Is it fair and equitable, with neither party being taken advantage of?
- Does it comply with the law?
Hiring an attorney is a good investment. It protects your interests during a difficult time in your life.
If you are considering divorce, contact us for a consultation to learn how we can help.
