Frequently Asked Questions
Questions
Do I need a Lawyer?
Is mediation more of a pain than just hiring a lawyer?
Answers
Do I need a Lawyer?
You probably know of people who suffered the torments of hell going through divorce, and you also probably know people who pulled it off without much fuss. Why are some divorces sensible and others catastrophic?
The answer depends on various factors, including the personalities of the people involved, the importance of what's at stake, and sometimes on how much you rely on lawyers and courts to resolve troublesome issues. In general, the less you use the court, the less cost and heartache you'll have—and in many cases, you'll get a better final result. But how do you avoid courts and lawyers?
You must first weigh how complicated your divorce is. Do you have significant assets and debt that must be divided? Do you both have a general idea of how you want to parent after you are divorced? Do you think that one of you may be entitled to alimony? If you and your spouse cannot agree on the terms of a divorce you will probably need to work with a mediator, an attorney or both. When deciding between an attorney or a mediator give careful thought to how far apart you and your spouse are on the troubling issues. Also, you must weigh how acrominous or difficult your discussions with your spouse have been surrounding the divorce. For example, can you have a discussion where both of you listen to what the other is saying.
Some red flags are if you believe that your spouse is hiding assets and you do
not have all the information you need to make an informed decision about divorce issues, you probably need an attorney to help you obtain the information you need. If you and your spouse are far apart in discussion on how to parent your children after you are divorced, you may need an attorney. If there are issues of negligence in parenting or substance abuse concerns, you may need an attorney to ensure that you end up with a divorce decree that meets the best interest of your children.
Participating in the webinars available on DivorceKnowHow.com will educate you on the general information about the various topics involved in a divorce. With that general information, you will be better able to assess your own individual circumstance and determine what kind of assistance you need to finalize your divorce.
Is mediation more of a pain than just hiring a lawyer?
The theory is that mediation can be better than a lawyer because it does not require the cumbersome and inefficient information gathering and choice making process that court's require. In this way it improves the process thus making it in certain situations less of a hassle than hiring a lawyer.