While there are ways to finalize your own divorce, hiring a lawyer may be the best way to go.
Can you file your own divorce? Actually yes, in some cases, a couple will file for divorce without a lawyer as they have come to an agreement on nearly every aspect of their separation. This is a rare occurrence but it does happen. However, the chances of a couple that has agreed to end their marriage, agreeing on anything else is usually pretty low. Couples are usually not the best of friends during breakups and need people to not only represent them but to also make sure that they have the right options and legal care throughout the process.
Options are important and that’s the first thing a divorce lawyer will usually lay out for you. What are your options now that you want a separation? The first thing you have to remember is that a lawyer is not necessarily hired right off the bat. You can meet with as many as you want, taking advantage of their free consultations and learning what your next steps should be. It’s recommended that when interviewing attorneys, you meet with at least three before making a decision. The consultations are not only free but often can be done over the phone as well as most of your questions can be answered by the staff.
Is DIY Divorce An Option
The short answer is yes. If you do your research and cover every base, you and your ex can actually handle the divorce on your own and not have to hire an attorney. Let’s use an example of a situation where a couple is about to get divorced, they rent an apartment and have no major assets in each of their names. This couple can file for separation and agree that there will be no payments made to the other one, no custody disputes of anything and so forth.
In a situation like this, there is little that you or your ex can have an advantage over the other person with so it makes sense that a DIY option is available. However, if you have been together for years, own a house, have children or more, there are so many factors and things that have to be taken into consideration.
Why It’s Better To Hire A Divorce Lawyer
Hiring an expert to assist you is never a bad idea. Naturally, your concern has to do with cost. Yes, lawyers cost money but without their assistance you could be leaving yourself to major legal vulnerabilities. Without an attorney to oversee the proceedings, you’re unlikely to see results that favor you. Here are just some examples where an attorney can make a major difference:
- State laws: There are different laws that apply to residents of Arizona when it comes to divorce. In fact, if you are not familiar with the difference in these laws and regulations, there’s a good chance you can overlook something during the decision making process. This can cover anything from custody to separation when it involves a business mutually managed by the couple. You want to make sure you are not surprised and have all your ducks in a row.
- Long-term control: Right now you and your former partner agree to a variety of things. Great, but what happens in five or ten years when opinions and situations have changed? What happens when they are tired of spending the money on your agreement, or paying your salary in a company they started? That’s why you need to make sure that even if you split things evenly now, you have protection and authority down the line.
- Missed points: What are you missing when you research getting a divorce in Arizona? Are you aware that some of the laws that will impact your case are different from other states? This is one of the most common mistakes people make when researching information regarding the law. They are not aware of the fact that their state has different laws that need to be considered. Working with a state licensed attorney.
- Additional areas to cover: Divorce is a major subject as is custody, agreements on finances, agreements on property and so much more. What if there was substance abuse or domestic violence included? There are so many situations that impact your case and you need an attorney who can cover them all.
The reality is that while some can pull off a DIY divorce, it’s just not worth it. Not only are you leaving yourself open to issues down the road with the agreement, but you also could miss major options that are available to you right now. That’s why it’s ideal that you research the options available to you when you meet with your lawyer.
Managing Expectations
It’s important that you manage your expectations when you meet with your first divorce lawyer. For example, you are going to explain to them your situation as well as what you would like to have happen moving forward. They will in turn give you your legal options, their recommendation as well as information you need regarding their services and what to expect from your case. As you are researching your options make sure that you have questions ready to ask the attorney.
Over the years, it’s been proven time and time again that clients benefit from preparing questions as well as the information needed to provide the attorney during the consultation. By making sure you are covering both, you highly increase your chances of a favorable experience and possible outcome.
Hiring The Right Attorney
The free consultations with an Arizona divorce attorney in Maricopa county are the ideal way to get started. However, it’s also important that you are prepared before meeting with an attorney. Write down your experiences, a timeline of events and any questions you have to ask. Make sure you are selecting lawyers who are not only experienced, but experienced in your state.