It is recommended you retain a divorce lawyer even if you and your spouse seemingly agree on everything. The intricacies of navigating a divorce may lead to you agreeing to an unfair settlement or mistakes during the filing process. Additionally, even a small disagreement could lead to greater animosity or draw out the length of your divorce if you don’t have an experienced attorney providing you legal counsel.
The Philadelphia divorce attorneys at Schwartz, Fox & Saltzman have protected the rights of spouses seeking mutual uncontested divorces for over 40 years. Retaining legal representation can ensure your divorce case is properly executed and that your own best interests are protected.
This guide explains why it’s important to retain a divorce lawyer even if you and your spouse agree on everything.
Divorcing Spouses Should Still Hire Divorce Lawyers Even if They Seem to Agree
In addition to being emotionally painful, divorcing your spouse is a legally complex process. Issues such as property division, alimony, and child support involve several legal and factual determinations. These issues can cause a mutual uncontested divorce to devolve into a bitter, contested divorce battle.
For these reasons alone, it is advisable to retain your own attorney to represent and protect your and your best interests during your divorce.
However, there are more intricate reasons you should retain your own lawyer for your divorce even if you and your spouse seemingly agree on everything including not missing any details during your divorce and drafting your marital settlement agreement.
4 Key Benefits of Hiring a Divorce Lawyer
A divorce lawyer can provide legal advice through all stages of your divorce, preparing documents such as pleadings, and providing legal advice regarding a marital settlement agreement. While it is possible to go through the divorce process without a lawyer, it’s always best to hire an attorney to protect your rights and best interests.
Your Divorce Attorney Looks Out for Your Best Interests
While you and your spouse may agree on all issues outside the court, you may unwittingly act against your best interests. It may be tempting to agree or concede to your spouse’s demands to expedite your divorce proceedings to start the next chapter of your life. A divorce attorney can protect your interests by providing legal advice regarding your options and rights during this stressful period.
Why You Should Still Hire a Divorce Lawyer
A common mistake people make is attempting to navigate the divorce process without legal counsel. A divorce lawyer can provide legal advice through all stages of your divorce. Specifically, an experienced attorney assists you with addressing all the issues of your divorce, preparing documents such as pleadings, and providing legal advice regarding a marital settlement agreement. Further, the procedural rules which must be followed are complicated. Certainly it is possible for a person to move through this procedural process without counsel. However, it generally proves overwhelming and frustrating for most non-lawyers to navigate.
Potentially Missing Details In Your Divorce
According to section 3502 of the Divorce code, Pennsylvania uses 13 factors to distribute marital property equitably. While spouses focus on dividing marital property, i.e., property acquired during the marriage, they sometimes fail to identify and divide debt. A divorce attorney can ensure marital debts and assets are properly identified and apportioned during a divorce.
A Divorce Attorney Helps Draft Your Marital Settlement Agreement
A marital settlement agreement is a document which covers issues in a divorce as a written contract between you and your spouse and is incorporated into your divorce decree. A divorce attorney can ensure your agreement and all divorce paperwork is properly and fairly drafted, and meets the procedural requirements to be properly included in your Divorce Decree.
Legal Advice Can Stop an Unfair Agreement
Without legal counsel, you may potentially enter into an unfair divorce settlement agreement in which you waive or limit your right to alimony or your claim to marital property. A family law attorney can provide legal advice to help you avoid these problems.
Complications Concerning Property
A common complication affecting property division is properly classifying assets as marital or non-marital; a complication that could lead to unexpected disagreements between you and your spouse. Under Pennsylvania’s divorce laws, only marital property is equitably divided. In addition to disputes on how to classify real property, assets such as retirement accounts or your spouse’s business may be classified as marital property, and may need to be valued by an outside economic expert. An experienced divorce attorney helps guide you through the entire complicated legal process, ensuring your agreement doesn’t exclude or divide property unfairly.
When You Might Not Need a Divorce Attorney
In some cases, hiring a divorce attorney may not be necessary, especially when you and your spouse are able to cooperate, communicate, and agree on the terms of your separation. Below are two common scenarios where couples may be able to handle the divorce process without legal representation:
Mediation
If you and your spouse choose mediation instead of going to court, you may not need to hire individual divorce attorneys. A trained mediator helps both parties reach a fair and mutually agreeable resolution, including custody, support, and property division. Because the process is collaborative and non-adversarial, legal representation is often optional.
Consultation
Couples in short-term marriages who have no shared children or marital assets may only need a brief legal consultation, not full representation. A one-time consultation can help you understand your rights and ensure your divorce agreement is legally sound. This is a cost-effective solution when pursuing a mutual, uncontested divorce.
Talk with an Experienced Pennsylvania Divorce Attorney
A seemingly simple divorce can easily turn into a stressful and contentious affair even if you and your spouse start the process seemingly agreeing on all aspects. The divorce attorneys at Schwartz, Fox & Saltzman can successfully guide you through this process. To learn more about our services, contact us today!