Is A Divorce Lawyer Needed In Order To Get Divorced?

In some cases, it is not mandatory that either party hire an attorney in order to get a divorce. A party to a divorce may represent themselves. However, someone doing their own divorce without legal counsel may be putting themselves at a serious disadvantage.

Most divorces are not straightforward unless there are no marital assets, children, debt, or other joint issues. If the divorce leads to litigation, then an attorney is definitely required. For a simple, uncontested divorce, a party to the divorce can prepare and file the divorce papers with the court. Don't attempt to represent yourself in court during an adversarial divorce.


The necessary divorce documents are available online and in books specifically tailored to the divorce laws of each state. Preparing and filing your own divorce documents can save you money, but what can seem like a savings can cost you in the end. Some online divorce document preparation services cost almost as much as an uncontested divorce through an attorney. The court will also charge fees to file the documents. It would be wise to meet with an attorney for a consultation to evaluate the cost of having them represent you in the divorce. Many attorneys offer a free consultation. If there is little or no savings in doing the uncontested divorce yourself, than why do it alone?

Even if you stand to save a few hundred dollars in doing the divorce yourself, you may end up losing more in the end. An attorney is a source of information for you. Attorneys can answer your questions and give you advice about the terms of the divorce. If there is any marital property or if there are children involved, attempting a do-it-yourself divorce can be a big mistake.

In certain circumstances, handling your own divorce without legal representation is definitely not a good idea. If the parties to the divorce are disputing child custody, then a lawyer is necessary. If one party believes that they or the children are not safe around the other party, then the party looking to protect the children needs the help of an attorney to do so. If one party to the divorce believes that their spouse is taking joint assets or hiding assets, they will need the help of a lawyer to prove it and receive what they deserve.

Given the complexity of the issues, it may be beneficial to employ the services of a professional who is knowledgeable with the law in your state and experienced in the field even if you don't expect any difficulty.