when should i hire a divorce attorney

There are certain situations when hiring a divorce lawyer makes sense, and you should probably do it. You should probably hire an attorney if: There's a problem with abuse; You think your spouse is lying about certain issues or being vindictive; Your spouse has retained an attorney; Your divorce involves children or complicated financial issues

Full Answer

Your Partner Has a Lawyer

In court, each party should have one lawyer. This means that your spouse’s lawyer is not obliged to give you any legal advice. Thus, you need to get your own lawyer. Plus, not having a lawyer will disadvantage your case. For instance, missing timelines is a real threat if you aren’t conversant with court matters.

You Have an Upcoming Court Hearing

Have you ever gone to a courtroom? If yes, then you understand how complicated the place can be. With a lot of procedures in place, orders to be followed, and prayers to be sought, getting confused is inevitable. For instance, you cannot speak the way you want. You must stick to the rules when the other person is speaking.

You Have a Divorce Petition from Your Spouse

If you are served some legal paperwork from your spouse, don’t rush. Consult your lawyer. Remember, these legal papers come with strict timelines. You need to respond within the stipulated timeframes. If you don’t have enough time to give your response, things can be challenging.

There Is a Scheduled Mediation

If your spouse proposes a mediation, you cannot say no. In fact, courts recommend mediation when it comes to solving divorce cases. Still more, mediation gives you a less expensive way of resolving the dispute. Don’t go to mediation alone. Go with your lawyer.

The Bottom-Line

Do you want to fast-track your case? Do you want a fast process that ends in a few weeks or months? Do you have the time to go to court every day? Well, representing yourself can be an option. However, it can injure your divorce case. Plus, if you don’t have a legal background, things can be challenging.

Is Oregon an equitable distribution state?

The more assets you have, the more complicated the division of property becomes. This includes homes, cars, bank accounts, and even retirement benefits . Oregon is an equitable distribution state. That means the courts view property as belonging to the spouse who earned it. But that doesn’t mean divorce divides everything gets along those lines.

Can you work out a parenting plan with your spouse?

Child custody battles often grow heated and contentious. Again, it is possible to work out a parenting plan between you and your spouse.

Does child support come into play?

When you have children, child support usually comes into play. How this affects you generally has a lot to do with the custody situation. In general, the parent with the most overnights receives the payments from the other.

Is child support a formula?

While child support has a formula, spousal support is less systematic. When determining whether or not to award spousal maintenance, the court weighs many elements. They consider, among other factors:

Why does a divorce take longer to resolve?

Fault cases typically take longer to resolve in court because you have to provide admissible evidence and prove to a judge the misconduct occurred and that it caused the divorce.

What is community property?

In community property states, marital property is called community property and is divided equally—in a 50/50 split.

When does alimony end?

It ends when the divorce case is completed and a judge issues another alimony order. Long-term or permanent alimony is reserved for long-term marriages, where one spouse has the financial ability to pay, and the other spouse has a low or no earning capacity.

Is family law a specialized field?

Family law is a specialized field and a simple mistake on your paperwork can have life-long ramifications or unintended consequences. Because the stakes are so high and personal in a divorce, it's best not to try and take on an experienced family law attorney. Once your spouse has lawyered up, you need to hire an experienced attorney, ...

What is collaborative divorce?

With collaborative divorce, you and your spouse must both hire attorneys who are specially trained in collaborative law, and you have to commit to avoiding court. This process can be expensive, so it's important to do some research and learn all you can about collaborative divorce before you choose this path.

Can a divorce mediator work?

If you and your spouse disagree about any of your divorce-related issues, mediation might be a good option; it can work even when divorcing spouses clash on meaningful issues. Sometimes spouses are able to work with a mediator and otherwise handle their case themselves.

What to do if your spouse is hiding assets?

Or, if you believe your spouse is actively hiding assets or wasting marital funds, you should contact an attorney to protect your interests.

What are the effects of divorce?

Lasting Impacts of Divorce. Most cases, civil, criminal, or otherwise, have a substantial impact on your life in one way or another. This is especially true in divorce. Maybe visitation with your kids is on the line. Perhaps you can no longer afford spousal support payments.

Is divorce complicated?

Divorce often becomes complicated in short order, even if it appears simple on the surface. In an amicable and uncontested divorce, for instance, it’s possible to take a do-it-yourself approach and be just fine.

What is a divorce lawyer?

As your advocate, your divorce lawyer helps create a divorce agreement that meets your needs and accommodates your unique circumstances. An experienced attorney works with you to address both your immediate and long-term goals.

Can you handle a divorce on your own?

Uncontested divorces, short marriages, situations without children, minimal debt to divide or assets, with little or no shared property. It’s even possible to handle everything yourself even in more complex divorces. You can tackle the division of property and even child custody on your own.

2. A Solution-Oriented Divorce Lawyer Can Help You Avoid Costly Legal Battles

I have a surprise for you. Contrary to what you might have heard, there are no winners in a legal battle. Legal battles are costly, both in financial and human terms. Legal fees quickly add up, and the money you need to get your life back on track or send your kids to college can easily go to paying the divorce lawyers.

3. Your Divorce Lawyer Can Help You Understand Your Rights

To achieve the best outcome in a divorce proceeding, you must understand your rights.

Get the Ball Rolling: Schedule a Consultation ASAP

Schedule a consultation with a divorce lawyer to better understand your individual case, what to expect, and how to get the ball rolling.