No matter what the details were like, you can probably look back on your wedding day as one that represented a lifetime of happiness and fulfilled hopes and dreams. However, if you happen to be part of the unlucky percentage of Americans whose marriages don’t look like they’re going to make it, then you’re probably about to become all too familiar with the ins and outs of your state’s method of divorce proceedings.
Of course, when it comes to divorce, some people truly have it easier than others. Those who end up parting ways under angry circumstances can spend months, if not years, fighting over who gets what, from the expensive to the immaterial. On the other hand, plenty of people can go about their divorce proceedings in a fashion that is respectful bordering on friendly.
While divorce can be a painful proposition on its own, the idea of going about it amicablely can be helpful and comforting for some. In fact, many soon-to-be divorced couples are able to muster up the maturity to view the situation as one that simply didn’t work out. Instead of fighting and harboring bad feelings towards one another, such people are often able to equitably divide up their assets and terminate their marriages while genuinely wishing each other the best of luck. While such scenarios are, unfortunately, somewhat rare, they have been known to happen, thereby prompting some people to ask the question that divorce lawyers are growing less and less surprised to hear: Do you need a lawyer for an amicable divorce?
Rusty Applegate is a South Carolina attorney with more than three decades of family law experience under his belt, and he is no stranger to this particular question. After all, given the costs involved in hiring a divorce attorney, it’s natural for people to go out of their way to be amicable simply for the purpose of avoiding unnecessary legal fees. According to Applegate, the answer is no, you technically don’t need a lawyer to handle an amicable divorce. However, this doesn’t mean that you shouldn’t get one. In fact, whenever Applegate is asked this question, he likes to respond with the following analogy: Instead of hiring a plumber to fix a household leak, you could go out, purchase a book about plumbing, and attempt to tackle the problem yourself. However, considering the fact that you could potentially wind up flooding your house in the process, is the saved money really worth the risk? The same concept holds true when it comes to hiring a divorce attorney. Sure, you could attempt to go it alone, but it might not be worth the risks involved.
Most people who attempt to handle their divorces on their own don’t realize how much work is actually involved in doing so. From forms to fill out to procedures to follow, even the most amicable of divorces can quickly become complicated. By creating and filing your own divorce paperwork, you run the risk of not only prolonging the process, but of inadvertently cheating yourself out of assets that might have otherwise rightfully come your way. An experienced attorney, on the other hand, can ensure that all forms and documents pertaining to your divorce are properly written and filed.
It is also an unstated fact that judges tend to have limited patience for people who choose to go through divorce proceedings without lawyers. By leaving an attorney out of the process, you can actually cause your case to get delayed or thrown out due to improper paperwork. Even if the details of your divorce proceedings are relatively clear-cut, an attorney can expedite the process along more quickly and smoothly.
Finally, it’s important to remember that just because a divorce starts out friendly doesn’t mean that it’s going to end friendly. Over the course of the proceedings, it’s natural for emotions to flare, and the longer the process is dragged out, the greater the chances are of it turning ugly. By hiring a divorce attorney, you’ll be guaranteed to have somebody on your side in the event that your pleasant pre-divorce relationship suddenly takes a turn for the worse.
Of course, just because you do choose to hire a divorce attorney doesn’t mean that there’s no longer a need to go about the proceedings in an amicable fashion. After all, the more agreeable you and your partner are throughout the process, the sooner you can move on with your lives and get the painful part over with. Remember, there is such a thing as a friendly divorce, and an attorney can help ensure that yours stays that way from start to finish.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
