Family Law Advisor®
Frequently Asked Questions
- Lawyers? Who needs them! -
1) Do I really need lawyer?
-
That depends on whether your case is complicated. If you have
minor children or assets such as pensions or even a house, you could
benefit from hiring a lawyer.
2) But lawyers are so damn expensive. How can I keep their
outrageous fees down?
-
Usually, the less you fight with your spouse, the lower the fees.
If you are able to speak to one another, consider going to a mediator.
3) I’ve heard about mediation, but I’ve also heard that the less
sophisticated spouse is more likely to be taken advantage of.
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True, there may be an imbalance of power. But a good mediator
will take this into account and even reject cases if there is a
likelihood of fraud or unfair dealing.
4) I might consider mediation, but will I have to waive my ability
to use a lawyer.
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Absolutely not! Good mediators encourage clients to have
independent counsel review divorce agreements.
5) But if lawyers get involved, why bother with mediation.
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The lawyers play only a limited role; they just help you make
sure the agreement is "fair and reasonable," the legal standard by
which agreements a judged by the court.
6) Well, this all sounds reasonable, but my spouse would never agree
to mediation. Can I force him?
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Absolutely not! Mediation is 100% voluntary.
7) Then what are my alternatives?
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You will have to file for divorce without first coming to an
agreement.
8) But don’t I need a lawyer to file?
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Technically not, but if you are trying to protect assets or have
custody/visitation issues, you are well-advised to retain counsel.
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