In many areas, there are divorce laws that allow couples to write up their own agreement without having to determine if someone is at fault for the divorce or have a judge oversee their case. While it can be cheaper to go without a lawyer or legal advice during a divorce, you might note when legal services may be a better option. Here are a few considerations to keep in mind.
1. Children
If you and your spouse don't have children, then of course your divorce proceedings will be simpler. If you do have children but you both agree to everything about their support and upbringing, then legal services may still not be necessary.
However, note a few surprising times when a divorce attorney may be in order. Is your ex-spouse opposed to you raising the children in your religion, or do you have legitimate reason to be concerned about your ex-spouse's religious habits, such as if they belong to a dangerous cult? Has there been physical violence committed against the child by your ex-spouse and his or her family so that you're concerned for your child's safety? Do you actually want your ex-spouse to have more time with the children or to share in custody, and he or she is reluctant to agree to this? These types of conflicts should be addressed by an attorney and part of your divorce decree.
2. When you can't agree on who should move out
Movie plots often make light of spouses who don't want to leave their shared home, but there is nothing funny about trying to split property that neither wants to give up. An attorney can help to mediate this dispute and any other type of property dispute when both spouses feel they have legal right to certain property, finances, and the like. In some cases, the property may simply need to be sold rather than shared by both, or a timeshare arrangement may need to be mediated.
3. When you think the marriage may have been illegal to begin with
If you suspect your spouse of fraud or of bigamy, you may want to discuss this with an attorney. In some cases, you may not need a divorce but can have the marriage annulled. You might also want to protect yourself from any potential legal charges. For instance, if your spouse is guilty of bigamy because he or she did not get a legal divorce from a previous spouse, you don't want to seem complicit in this crime and should protect yourself from any potential criminal charges.
Keep these things in mind and contact legal services, such as CLP Legal, for more information and assistance.
Share30 September 2015
My name is Jeanette Kennan. I have been a high school legal studies teacher for many years. As such, I am fascinated by legal cases I come across in the media. Family and friends often consult me about minor matters related to the law and although no expert, I can often point them in the right direction. It occurred to me that there may be other people out there who are not aware of basic legal issues. After all, you probably don't think about legal matters related to death, accidents or crimes until you find yourself in a crisis situation. This blog is designed to give you some introductory information about a range of legal topics. Hopefully, it will help you to be prepared and informed should a legal concern arise. I really appreciate you breaking in to my humble little site. Please enjoy.