Often, the first piece of advice people receive when they are going through a divorce is that they need to hire a lawyer. This task can be daunting. Many people have never hired a lawyer for anything before. Some may not even know a lawyer. Lawyers have a reputation for being shark-like and expensive. All of this may leave you wondering if you do in fact need a lawyer.

The short answer is no, you generally are not required to be represented by an attorney. 

Is that surprising? Generally, people picture going to Court only with an attorney representing them. However, divorce is considered a civil matter. It is not a requirement that you have counsel representing you in a divorce. The Court does not generally appoint representation for civil cases (as opposed to criminal cases like you would see on TV). Therefore, if someone wants an attorney, they are generally responsible for the costs associated with their attorney.

The Court is not going to prevent you from seeking a divorce just because you cannot or choose not to obtain private counsel. You are able to represent yourself. 

HOWEVER, and this is a fairly big “but”, just because you CAN represent yourself does not necessarily mean you SHOULD. There are many advantages having an attorney representing you can provide. Below are six reasons you may want to hire a divorce attorney: 

1. Attorneys are familiar with the local laws around divorce

Divorce laws vary state-to-state, and case law can be ever-evolving. Having an attorney that regularly practices family law and is aware of the relevant statutes and laws pertaining to your divorce can save you time, money, and result in you obtaining the most you are entitled. 

2. Attorneys have pre-existing relationships with clerks, judges, and other counsel

If an attorney is regularly practicing divorce law, they likely know the ins and outs of the local courts, the scheduling system, the attitudes and personalities of the judges you will appear in front of, and the negotiation strategies of other attorneys the opposing party may have. This can help you get beneficial Court dates, make good impressions, ensure that paperwork is correctly filed, and help you get the most out of your divorce negotiations.

3. Attorneys will advocate on your behalf 

Going to Court can be an anxiety-producing event. The intimidation of presenting before the Court often may prevent you from asking questions or saying everything you feel you need to convey to the Judge, or in contrast, can result in over-sharing with the Court and damaging your case. If you have an attorney, they can speak on your behalf to the Court, and to the opposing counsel. 

Especially when negotiating a settlement with a soon to-be ex-spouse, it can relieve a lot of stress and anxiety to have a lawyer speaking with them or their counsel, and help you to reach an Agreement much more quickly and save you the animosity. 

Where there is lack of trust, or someone may be trying to hide assets from you, having an attorney to advocate on your behalf, examine documents, and poke holes in the other side’s arguments can be invaluable.

4. Attorneys provide a sense of confidence 

People often describe their divorce as a blur. There are so many life changes occurring, decisions to be made, and so many emotional aspects to a divorce, that it is hard to give each choice the proper time and consideration it deserves. Ending a marriage has a fair amount of what-ifs involved already, you do not want to look back and think what-if I was entitled to more? Or feel you should not have entered into an Agreement you did. Having a lawyer advise you on the aspects of your divorce can help you to move forward with confidence and peace of mind that you made the right decisions for yourself throughout the Court process.

5. Attorneys can provide impartial advice

Tensions run high in a divorce and the stakes seem critical. Having an attorney to give you impartial advice based on the law rather than emotions can be extremely beneficial in helping you reach a Divorce Agreement, and in your best interests. They can provide feedback on what you are likely to receive, and help you to set realistic expectations so that you can figure out how you are going to move forward in the next steps of your life.

6. Attorneys could save you money and time overall 

The upfront cost of an attorney can be off-putting, but it should be looked at with the bigger picture in mind. Often, a retainer for an attorney can be several thousand dollars. However, having someone advise you correctly on could save you tens of thousands.

Because they can advise you about likely outcomes, and are familiar with the process, it can significantly save time in the divorce process to have an attorney draft and file all paperwork on your behalf. 

Many people do not reach out to an attorney because they are unfamiliar or intimidated by the process. However, it is important to consider all of the above factors when making a decision whether it is the right thing for you to do to hire a lawyer. It makes sense to explore options before signing a legal document that could impact the rest of your life.