The article “The Biggest Myths About Divorce Lawyers You Need to Stop Believing” is a Guest Post written by Jef, He is working with Hunter Fowler Attorney.
Divorces are complex, even when the split is amicable. Many times couples going through the divorce process end up realizing that they have entirely different ideas of how marital assets should be split. And when children are involved, things can get even more complicated. The potential disagreements, the added stress, and the high level of emotions involved in a divorce, paired with the complexity of the process itself, are more than enough reasons to hire an experienced divorce attorney.
However, many people hesitate when hiring a divorce attorney. Whether it’s because of horror stories they’ve heard from friends or the general presumption that an attorney will complicate things further, there are many myths surrounding divorce attorneys that could be detrimental to your divorce.
If you’re thinking of getting a divorce, or if you are in the midst of divorce already and haven’t hired a divorce attorney, we’d like to help bust the myths that you may believe have stopped you from enlisting the services of a divorce attorney. We will discuss some of the biggest myths you may have heard and show you how your divorce case can benefit from the services of an experienced divorce attorney.
Common Myths About Divorce Lawyers
One of the biggest decisions you will make during your divorce is the lawyer you choose to represent you. Here are some things you may have heard about a divorce lawyer that are myths.
Myth #1 — A Divorce Lawyer Isn’t Necessary
Although you may think you are capable of representing yourself in your divorce case, that could lead to serious consequences. Family court is complex, and a divorce lawyer has the experience needed to properly navigate it. They are also trained to deal with the high level of emotions that happen during a divorce and can help keep things as amicable as possible.
Representing yourself will require that you spend a great deal of time learning the rules of the court, case law, and courtroom procedures. This can take away valuable time from your everyday life. Before deciding to represent yourself, you should at least consult with a divorce attorney to get an idea of what you would be facing should you choose to go it alone.
Myth #2 — Divorce Lawyers Are Much Too Aggressive
While some divorce lawyers are aggressive, not all of them are. And even if you hire an aggressive divorce lawyer, it’s not necessarily bad. For example, if they have a reputation for being aggressive, your spouse’s attorney may be less likely to play games while trying to get an advantage for their client.
However, if you and your spouse are in agreement on most things about the divorce, keeping things more friendly, you need to research the lawyer you’d like to hire to ensure that they work well with other attorneys before hiring them. Talk to family and friends, or others in your community who have gone through a divorce and ask for recommendations for an attorney who is aggressive when needed, but can be cooperative when that is what is in their client’s best interest.
Myth #3 — Divorce Lawyers Are Too Expensive
Another common myth is that divorce lawyers won’t fit into one’s budget. While there are divorce lawyers who may charge hefty rates, there are also qualified, experienced divorce lawyers who offer affordable rates. However, it’s important to do your research before hiring a less expensive lawyer. The lawyer who charges a higher rate will typically be more experienced and may be able to accomplish your goals in less time than a less experienced lawyer who charges a lower rate.
You will also want to consider the value of your marital estate or if you have a business at risk during a divorce. If you have a lot at stake, a more experienced attorney may better understand how to protect your wealth, which can justify investing more at his higher rate. However, if your estate is considerably smaller, and you don’t have any high-value assets, or real estate, a less expensive lawyer could effectively manage your case. Whatever you decide, it’s essential to find a divorce attorney who fits into your budget while still being able to protect your assets.
Myth #4 — Divorce Lawyers Are Only Needed if We Have a Lot of Assets
Many people believe that you only need representation during a divorce if there are a substantial amount of marital assets or a complex financial situation. Regardless of your financial situation or the number of assets that will need to be split, a divorce lawyer can help you see where you stand and advise you on the best course of action to resolve any issues. This can help eliminate any anxiety or uncertainty you may feel while going through your divorce.
Myth #5 — Hiring A Divorce Lawyer Will Cause Animosity
Although it may seem like hiring a divorce lawyer would increase the animosity and tension between you and your soon-to-be ex, a divorce lawyer’s job is to help minimize the animosity between the couple. Most divorcing couples see how cooperating with their spouse and lawyers can help find fair solutions to any disagreements during the divorce proceedings.
Myth #6 — If I Hire a Divorce Lawyer It Will Lead to a Court Battle
Litigation during a divorce should only be used as a last resort. Many times couples can resolve disputes with the assistance of their lawyers without having to battle it out in court. Traditional methods, such as written communications between lawyers, to mediation or arbitration, can help resolve conflicts without having to step into a courtroom.
Benefits of Hiring an Experienced Divorce Lawyer
If you’re on the fence about hiring a lawyer, here are some benefits of having an experienced divorce lawyer on your side.
Benefit #1 — They Will Advocate for You
Your divorce lawyer wants what is in your best interest. All marital assets must be divided, and you may find that negotiations with your spouse lead to disagreements. Your lawyer can help ensure your share of marital assets are fair and that you get what you want as much as possible.
Benefit #2 — Access to Legal Advice
The legal process can be complicated. Along the way, you may run into some things you don’t understand. Proceeding without an attorney can lead to big mistakes. This can further complicate the divorce process or cause unnecessary delays.
Your lawyer can also respond to demands made by your spouse, when you may not know how to respond. Having a lawyer available to answer your questions can take a weight off of your shoulders.
Benefit #3 — Protect Your Parental Rights
When children are involved in a divorce, things can get tense when parents disagree over who should gain custody of the child. The courts determine custody based on the best interest of the child and will try to ensure that both parents play a role in the child’s life.
Also, if you believe your spouse is a danger to your children, your lawyer can help you prove that it’s in their best interest for you to have sole custody. A lawyer can also help with child support and insure that you are getting an adequate amount, or if you are ordered to pay support, that the amount isn’t more than you can afford.
Benefit #4 — Better Communication Between Parties
When heading to divorce, it’s normal and ok to be angry, feel betrayed, or even feel sad that your marriage is ending. But when those emotions interfere with communicating with your spouse, your lawyer can step in to communicate with your spouse and their lawyer for you. And if you do need to talk to your spouse, they can give you advice on how to handle that conversation.
Benefit #5 — Divorce Lawyers Can Help You Remain Objective
Those emotions can also make it hard for you to remain objective during the divorce proceedings. You may feel slighted and that you deserve more than your fair share. Your attorney can help you understand what options are realistic and fight for you to get what you want while being fair and objective.
Benefit #6 — You Have Someone on Your Side
There is a lot to focus on during a divorce. You may need to move, find a job, and explain what’s happening to friends, family, and your children. That’s a lot to deal with. You will want someone who is on your side, will listen, and who will help you get through this process.
Get Trusted Legal Representation During Your Divorce from Qualified Divorce Lawyers
While your divorce is an end to one chapter in your life, it’s also the beginning of a new chapter, and you want that new chapter to start off without any complications. Divorce lawyers can help ensure that your divorce agreement provides you with the proper legal protection to ensure your financial future is protected, and, more importantly, that your parental rights are protected if applicable.
You want your divorce to be as hassle-free and smooth as possible. And while it may seem like it’s too much-added stress and expense to hire a divorce lawyer, the opposite is actually true. Hiring a qualified, experienced divorce lawyer can explain your options, help you through the process as efficiently as possible, and get the best outcome possible for your situation.