Do You *Really* Need an Attorney to Divorce?

do you need an attorney to divorce
Erin Levine

By Erin Levine | Oct 26th, 2023

You’re getting divorced and you think it should be pretty simple: you get along pretty well with your ex, all things considered. Lawyers can be so expensive – so do you really need one?

The answer to this question, as with most questions in the law is – it depends.

If you and your spouse are comfortable completing judicial forms, have a fairly small estate and agree on how to divide it, you may not need one. If you have not been married very long and acquired only personal property – or perhaps even entered into a prenuptial agreement that remains uncontested – a lawyer might not be necessary.

But even if you and your spouse can agree on how to divide your property, you may still want a lawyer for drafting purposes. Assets like pensions and retirement can require complex documents like QDRO’s to ensure a change in beneficiaries. Vehicles that share a title will also need to be transferred correctly. And if your estate has several real properties and/or multiple debts, dividing all of this up can be tricky. This is even truer when there is a business involved.

If You Have Kids…

The same theory applies to parties who have children together. If each spouse is great at co-parenting and communicating, you may not need a lawyer to step in to help and advise you. (If that’s the case, check out our worksheet: Create a Thoughtful Parenting Plan for help in developing your own co-parenting plan.)

If you cannot agree on the type of custody or visitation, a lawyer can advocate for your rights. Sometimes things are easier with older children who can drive themselves back and forth and take care of their own extracurricular activities. However, it is always a good idea to take your agreement to a lawyer who can advise you of anything you and your spouse might have overlooked, or help you look at long-term repercussions of your agreement. Sometimes, parties only agree on custody issues for the children’s current ages and needs, and fail to craft a schedule that can adapt to changing needs over time.

If you and your spouse have anything less than a full agreement on every single issue, it is best to get a lawyer involved – the sooner, the better. While lawyers can be expensive, hiring one early in the process can ensure that your rights are advocated for immediately, in the early stages of divorce, which can be the most tumultuous. Further, the cost of a lawyer should be thought of as an investment in the protection of your future financial well-being, as well as in the best interest of your children.

If you’re divorcing in California, you can access transparent, flat-rate legal help from vetted California attorneys in increments as little as 30 minutes through my web platform, Hello Divorce. (Lawyers shouldn’t be expensive! That’s why we’re hoping to expand to more states soon.)

Lawyers can provide peace of mind and a rational voice during what can be an incredibly emotional and stressful time of your life. Your lawyer will be able to lift the burden of what to file and when, keep up with deadlines and court hearings, as well as offering you good advice (both legally and practically). While this is probably your first divorce, a divorce lawyer has been through hundreds of divorces. It never hurts to get a second opinion (and an opinion that is knowledgeable and confident) when going through a major life transition like divorce.

Erin Levine

Erin Levine

Erin Levine is a Certified Family Law Specialist and the owner and managing attorney of Levine Family Law Group, based in Oakland, CA. She is the founder and CEO of Hello Divorce.


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