When facing a divorce, ask yourself, “Do I need an attorney to get a divorce?”
The simple answer is that it depends.
Sorry.
It’s in your best interests to have a divorce attorney if either of you decides to take the divorce to a judge.
But, even if you do not have to go to trial, an attorney can help you negotiate a reasonable settlement for your divorce.
Nevada law does not make you get an attorney, but there are situations where you may need one.
Let’s look at what an attorney can do for you during a divorce. Then we will examine situations where you may and may not need their legal help.
What Does a Divorce Attorney Do?
A divorce attorney’s main job is to help take care of the legal aspects of filing for a divorce. This help allows you to focus on the personal and emotional aspects of the divorce process.
Areas that a divorce attorney takes care of include:
- Legal forms
- Filing paperwork with the court
- Court appearances
- Other legal matters
Your divorce attorney also plays an advisory role in your case. Your attorney knows the law and your rights during a divorce trial.
They can help you with terms and agreements on items such as :
- custody,
- alimony,
- division of assets,
- and other legal areas.
Your attorney can also be your advocate in court. They have your best interest at heart and will fight for you to get a satisfactory result.
When You May Not Need an Attorney
Sometimes couples agree on the terms of a divorce before it even goes to court.
They come to terms with issues and can take care of the divorce before filing a case or during a mediation process.
During mediation, the couple will sit with a third party to discuss the terms of the divorce. If both parties agree, they can file the paperwork with the mediator, and they will put it before a judge to sign.
Do I need a divorce lawyer if we agree on everything?
If you and your spouse agree on all the terms of a divorce, you may be able to file the paperwork yourself. Known as an uncontested divorce, this type is often the quickest and cheapest way to get a divorce.
You can use the help of an attorney during mediation. An attorney can review your divorce agreement before it gets signed and filed. They will work to ensure that all areas of the divorce get covered. They may also be able to catch any errors or issues that could cause trouble for you or your spouse.
If you both decide to go the DIY route and mediation, you must pay close attention that all forms get filled out.
Any errors can delay the filing process. So make sure not to include any errors on your forms.
When Do You Need a Divorce Attorney?
Do you need an attorney to get a divorce?
Nevada law states that it is a no-fault state.
What does this mean?
You do not have to prove wrongdoing by your spouse to file for a divorce. In Nevada, your divorce can be because you don’t get along anymore.
Several areas can get contested during a divorce process.
These areas which need to get settled before a divorce is finalized can include:
- Division of marital assets and debts
- Alimony
- Child support and custody for minor children
You will have a contested divorce if you and your spouse cannot agree. Contested divorces may need a trial before a judge decides on contested aspects of a divorce.
During a contested divorce, it is in your best interest to have an attorney. They will be able to provide advisory services, file paperwork, and be your voice during a trial. Your attorney will also take care of calling witnesses for your case if needed.
While going to trial will take longer and cost more with legal fees, etc., it may be your best option. A divorce attorney can help guide you on the best course of action.
Seeking a Legal Consultation
Do I need an attorney to get a divorce?
Even if you and your spouse agree on everything, it is in your best interest to consult an attorney. They can provide legal advice and ensure all your paperwork is in order.
If you are unsure if you need an attorney for your divorce, you can often have a free consultation with an attorney.
Our team at The Rosenblum Allen Law Firm can review your case and help you determine if hiring us is in your best interest.
