You and your partner have finally decided to put an end to your long marriage. Now, both of you might be wondering whether you will need a divorce lawyer or not and if you will, then what kind. The answer is not that easy to find and will depend on you and your partner’s needs and demands. Let us look at the various aspects of why you should or should not hire a Denver divorce lawyer.
Handling a divorce within yourselves is always a better and more peaceful option. It gives both of you the freedom to express your needs and wants from the separation completely. But, sometimes this is not possible as there are misunderstandings and fights. Having a lawyer is a good option to avoid unnecessary drama in such situations. Some issues that may require major decisions and discussions include:
- Custody of your children
- Pet custody
- Child support and the amount either of you will have to pay
- Property related issues such as what percentage will go to which person
These are some of the main issues that need to be resolved during a divorce. Doing so personally, without the involvement of any law office, might be beneficial to both of you as it gives a few advantages:
- Both of you get more control over the important decisions that come up. There will be very little freedom in choosing with the court and law involved.
- Lawyers and courts take up a lot of time in the hearings and proceedings. This will cost you your precious time that would have been well spent somewhere else. On top of that, lawyers charge a huge amount of money.
- It might be best for couples who have children to resolve issues at home itself as this will be easier on the child. Seeing the parents argue and hire lawyers against one another may be detrimental to the child and thus affect their transitioning and adjusting process.
If such issues and problems can be resolved internally, there is no need to hire top divorce lawyers. You can decide the terms, write them down, and submit them in court, asking to file a legal divorce. The court will grant permission, and the process will take place smoothly. This is known as an uncontested divorce.
Uncontested divorce lawyers
In the situation where you and your partner both have come to terms and filed for an uncontested divorce, then a lawyer is not necessary. But, the safer practice would be for you to have a lawyer go through the terms and conditions of the agreement to make sure that your rights and needs are being taken care of.
A lawyer in these situations may also point out any missing points that might be questionable in court, which could lead to your plea being denied. Such a lawyer will help you in the following ways:
- Helping you draft the agreement in a format acceptable by the court
- Advising to devise a fair agreement.
- Filing the divorce in court
If a lawyer is helping you with only the jobs mentioned above, such a lawyer will be known as a limited-scope lawyer. They will represent and help you only in certain aspects of the divorce. These are usually more cost-effective and more helpful in case of an argument-free and understanding divorce. These lawyers act as a third-party mediator with neutrality toward both you and your partner.
Why will I need a full-scope divorce lawyer?
If you and your partner have tried resolving the divorce but haven’t succeeded and have always ended up fighting, then it might be time to hire a top divorce lawyer in Delhi. These lawyers will always have your back, will understand your needs and requirements, talk and negotiate with you and your partner’s lawyer and if required, even fight them in court.
Such lawyers are quite costly but will do everything in their power to get you what is needed. Hence, if money is not a concern for you, then hiring such a lawyer is a good option in case of constant fights and arguments. If a lawyer was a mediator for the two of you earlier, then the same lawyer cannot be your lawyer against the other partner as that is against the law.
After hiring a lawyer, each of you should try to approach a collaborative settlement. In this, the lawyers negotiate with the other partner and their lawyer and come to a joint conclusion that is acceptable to both parties. This is still a better option as the results lie in the hands of you two.
The last resort should be going to court. The lawyers will fight your partner for your rights and requirements and get you the best deal possible. The end decision lies completely in the hands of the judge; hence it is a risky option.
All couples going through a divorce should try for an uncontested divorce. If not possible, then for a collaborative settlement, keep taking the case to court as a last option.