How To Determine If You Need a Divorce Lawyer

When faced with a divorce, you currently have four options to handle the necessary paperwork and court filings.  

1). Do it yourself Divorce

2). Use an Online Divorce service
3). Use a Divorce Mediator
4). Use a Divorce Lawyer

Oftentimes, after carefully considering the costs of hiring a divorce lawyer, many people opt to handle the divorce themselves. In some cases, this is may be a viable option that can and will save you money. In other situations, it's a terrible decision that could not only cost you a lot of money; it can also cost you, your sanity and peace of mind.

How does a person determine if they need a divorce lawyer or if they can handle the procedure themselves? Take the Divorce Court Attorney’s exploratory survey to help you determine if you need a divorce lawyer or if you can proceed forward with the divorce process on your own. If your case involves one or more of these scenarios, it is extremely risky not to use a divorce lawyer.

Combative Spouse and/or Divorce Lawyer

• Either partner is being inflexibly contentious and they have no other reason other than to make their soon-to-be ex miserable
• The other partner's lawyer is being flat out disagreeable for the sake of it
• The other partner's lawyer is being aggressive extremely intimidating, and coercive
• The case has already begun and the other spouse’s attorney is filing frivolous motions

Children and Divorce

• Either partner is committing parental alienation or otherwise badmouthing the other to the children
• Either partner has threatened to take off with the children
• Either partner has tried to interfere with, limit or prohibit visitation of the children
• Either partner is accused of poor parenting skills or judgment
• Either partner is accused of domestic violence, including child abuse
• Either partner has recently moved to another state, especially if a child of the relationship was taken
• Either partner has recently moved to another county, particularly if a child of the relationship was taken
• Either partner has recently moved to another country, particularly if a child of the relationship was taken

Abuse, Domestic Violence and Divorce

• Either partner is accused of non-physical abuse (verbal, emotional, psychological, psychic, etc.)
• Either partner is accused of physical abuse or domestic violence
• Either partner has filed a restraining order or protective order
• Either partner has made suicidal or terroristic threats
• Either partner is accused of sexual abuse

Abandonment Issues and Divorce

• Either partner is accused of abandoning their spouse
• Either partner is accused of abandoning their child(ren)
• Either partner has threatened to leave the country

Criminal Issues and Divorce

• Either partner is under investigation by authorities or has been alleged in committing a crime
• Either partner has a criminal record
• Either partner is accused of criminal activity

Drugs, Substance Abuse and Divorce

• Either partner abuses alcohol, drugs or any other illegal or dangerous substance

Financial Support and Divorce

• Either partner owns a their own business
• Either partner is a stakeholder in a corporation
• Either partner is on the verge of bankruptcy
• Either partner has a lawsuit (finance related) filed against them
• Either partner is accused of financial mismanagement
• Either partner has a history of willfully refusing to work for a living
• Either partner has threatened that they will not support their children
• Either partner is believed to be moving, hiding or liquidating assets
• Either partner is believed to be receiving cash payments for work performed
• Either partner has a history of defaulting in financial obligations, (i.e., child support, alimony, etc.)
• Either partner has declared that he or she will not provide any financial support in which the other partner may be legally entitled to it

Paternity Fraud, False Charges and Divorce

• Either partner is accused of committing paternity fraud
• Either partner is accused of filing false charges, (i.e., rape, sexual abuse, child abuse)

Adultery, Infidelity and Divorce

• Either partner is accused of infidelity or adultery
• Either partner has brought forth a child outside of their marriage union

In the Divorce Court

• The case has already begun and the judge has strongly admonished you to hire an attorney
• The case has already begun and the judge doesn't seem to be seeing things your way at all

Divorce and Emotional, Mental and Physical Issues

• Either partner could be classified as mentally incompetent (example, Alzheimer's disease)
• Either partner is accused of being inflammatory, neglectful and/or irresponsible
• Either partner suffers from inadequately treated psychotic episodes or mental illness
• Either partner has a significant health issue or other physical disability

This survey does not contain specific legal advice; it only contains general legal information. Always consult with a qualified Divorce Attorney before making a decision.

Also see: Do It Yourself Divorce or Divorce Lawyer