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Atlanta, Marietta and Kennesaw Divorce and Family Law Blog

Do You Need a Divorce Lawyer?

Posted by Diane Cherry | Apr 18, 2015 | 0 Comments

Georgia Divorce Lawyer
Do You Need a Georgia Divorce Lawyer?

Not sure if you even need a lawyer?  While every case is different, you may be able to avoid hiring a divorce lawyer if:

1.  You have been married less than two years.

2.  You do not own a home or other significant assets.

3.  You have maintained separate bank accounts and credit cards.

4.  You do not owe the IRS and the IRS is not likely to audit or penalize you for any tax returns filed while married.

5.   Alimony and spousal support are not an issue in your case.

6.   You are committed to taking the time to learn what paperwork and forms you need to file to get a divorce in Georgia.

If you satisfy all of the above criteria, you may be able to avoid hiring a divorce lawyer.  Just keep in mind that Judges are not going to teach you how to file your own divore case.  When you walk into court, you are expected to know what to do and are not given an opportunity to learn how to file for divorce. That's something you need to teach yourself in advance.

And if you want to learn how to do it yourself, don't ask a lawyer to teach you what to do unless you are prepared to pay for the lawyer's time.  

Everyone else will be better off hiring a Georgia divorce lawyer and, of course, following their lawyer's advice.  It doesn't make sense to hire a lawyer and then spend all of your time soliciting the opinions of others and second guessing your lawyer rather than following his or her advice.  There is a reason lawyer's are paid a lot of money:  they've been there and done that and they know what needs to be done to help you get the best outcome in your case.

Many people believe that they do not need to hire a lawyer if they are getting an uncontested divorce.  That's simply not true.  You need to protect yourself and be fully informed of your rights whether your divorce is contested or uncontested.

Don't make the mistake that many people make thinking that they will be better off in the long run if they "do it themselves" or, worse yet, allow their spouse to hire a lawyer and assume the documents prepared by your spouse's lawyer provide you with the protection you need.

Your spouse's lawyer respresents your spouse, not you. A mediator represents neither of you and cannot give either party legal advice. A mediator's sole objective is for the parties to reach agreement.   Neither your spouse's lawyer or an independent mediator will protect your interests.  

Think carefully before you forgo a lawyer.   Any agreement you reach and file with the court will be binding and costly to try to reverse. 

So before you decide to go it alone, ask yourself if you are better off paying to get the advice you need or going commando and risking an adverse outcome that you have to live with for the rest of your life.   

About the Author

Diane Cherry

I am an Atlanta area Family Law and Criminal Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.

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