With just short of 40% of marriages failing in the U.S., it’s extremely common to see couples asking themselves the question, “Can a couple divorce without a lawyer?” — and technically, the answer is yes. A couple can divorce without a lawyer in the eyes of the law, but it’s dramatically easier with one versus without. We’ll look into why this is in the article below.
The Benefits of Divorcing With a Lawyer
Using a lawyer to carry out the divorce proceedings is definitely advantageous in many of not most cases. Having legal specialists involved means that everything is guaranteed to be above board — and that comes with a lot of positives for both parties involved.
Fairness
The main thing to consider is the fairness that a lawyer can bring to the procedure. Your lawyer will always try to make sure you have the best outcome possible in the situation, and having lawyers on both sides of the divorce means that part is amplified. Both parties will be getting a justified deal without any manipulation, emotion, or guilt, as the lawyers are available to negotiate the terms.
Efficiency
As well as making sure that the agreement is fair and justified in the divorce, having a lawyer also means that the process is as smooth and efficient as it can be. Representing yourself means that you have to be held to the same standards that a professional lawyer would in the eyes of the law and the judge involved in the case. Hiring an experienced lawyer means all parties are always informed of what is going to be happening and looked after while this is occurring.
Proving Fault
Finally, in cases of a non-amicable divorce, a fault divorce is a possibility, provided that one of the parties involved in the marriage has met the criteria of a fault divorce. That includes adultery, bodily harm, abandonment, as well as others. Should these conditions be met and for the fault to be proven, it’s highly likely a thorough case will need to be made against one of the parties. As well as being potentially uncomfortable, it can be difficult to prove this fault as is likely required, and therefore a lawyer can go a long way in making this easier.
Filing Without a Lawyer
While lawyers are of course a big help to the legal proceedings that come alongside divorce in the U.S., filing without a lawyer is still a possibility.
Economical
The first thing that comes to mind for the vast majority of people considering if they need a lawyer to file a divorce is the money that goes along with it. Lawyers can be quite a large expense, especially if the divorce is particularly emotional or filled with disagreement. Money can be a serious issue in these cases, and filing without a lawyer is a quick way to fix that.
Understanding
With almost any divorce, it’s easy to see why there may be feelings involved. However, this isn’t always the case. If the couple is still on particularly good terms, it may even be favorable to be able to negotiate without the opinions of lawyers involved to make things as equal as possible. It’s an incredibly complex situation, but just like every marriage, every divorce is completely unique, and lawyers may not always be necessary if the terms agreed upon are accepted outside of a court decision, and the relationship remains amicable.
Civility
In much a similar way to the point above, it’s also important to note that civility may be another by-product of a lawyerless divorce. It may be much easier to work together and be polite and friendly with one another during a divorce period, and unless the family lawyer involved in the divorce understands and respects this, it can be very easy for any civility to quickly become a formality. That may not be the best for the situation following the proceedings.
Summary
In conclusion, while a couple does not need a lawyer to divorce, it’s more often than not the least risky decision. Getting a lawyer helps both parties to get the best deal possible for themselves without sacrifice that may come from disagreement. Every situation is completely different, however, and only the couple involved will have to live with the results.