03/26/2025
Do I need to hire a lawyer if I am getting divorced?
No, but in most instances you should have legal representation. You are not required to hire an attorney to represent you in a divorce. You can proceed pro se, which means you represent yourself. The Court cannot force you to have a trained legal professional to protect your interests, but in most cases you should seek legal representation. The issues in the divorce will affect you and your children, and many of those cannot be changed after the divorce is granted. Some orders are modifiable, such as child custody, physical placement and child support, but even those can be difficult to change once the divorce is granted. If you want to change the placement schedule for your children, and your former spouse will not agree, then you have the burden of proof in Court. If you change your mind about property division, in most cases you cannot change that order after the divorce is granted.
Although you probably know a friend or family member who has been through a divorce, no two cases are the same. The result in their divorce could be very different than what will happen in your divorce as there are many variables that affect the outcome. Most people do not know all of their rights and obligations, some of which will have a significant impact on life after the marriage ends. A good family law attorney will educate you on all of the issues to make sure that each one is addressed in your case. A good divorce attorney will also be able to present your case in a manner that will put you in the best position to have the most favorable outcome.
There many decisions that you have to make in a divorce. One wrong decision could affect the rest of your life. For example, decisions that you make regarding property division may be final and not subject to change after the divorce. The judge will not be inclined to re-open those issues, so you may be stuck with a bad decision. The judge will not re-open the case just because you did not have an attorney or did not understand the law. There are decisions about child custody or physical placement that may be modified later, but perhaps not for at least two years, if at all, and at a great expense in legal fees. If you agree to joint legal custody and change your mind after the divorce, it is your burden of proof to get that order changed. While you may think that it is obvious that the order needs to change, there are different burdens of proof that need to be satisfied to get the changes you are seeking. It is always best to do it right the first time, rather than try to change things after the divorce if final.
Call Law Office of Sheila L. Romell at (262) 439-9400 for a
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