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Do You Need an Attorney to Get Di ...

divorce lawyer

Filing for divorce can be a daunting process. The legal system is filled with confusing jargon that can make pouring through documents overwhelming. If you’re wondering whether you even need an attorney to file for divorce, you are not alone. Many couples find themselves asking the same question. Technically, the answer is no. You don’t have to hire an attorney to file for divorce, especially if you’re filing an uncontested divorce. When both parties agree on the terms of the divorce, the divorce is considered uncontested. You may be able to manage this type of divorce with minimal legal assistance.

Essential forms, such as the Petition for Dissolution of Marriage and Case Information Sheet, are readily available online for you to download, complete, and file with the court. After filing, the court will provide documents outlining both parties' responsibilities throughout the case. For those opting to proceed without legal representation, known as pro se litigants, it's crucial to understand and meticulously follow these court mandates thoroughly. Courts expect pro se litigants to meet the same standards as practicing attorneys, underscoring the importance of diligence and attention to detail in self-managed divorce cases.

While navigating a divorce independently is possible, seeking legal counsel is highly recommended. The guidance of an experienced attorney can provide invaluable support and clarity, ensuring your rights and interests are protected every step of the way.

The Benefits of Getting an Attorney to Help in Your Divorce

Divorce can often begin as a seemingly straightforward process, especially when things appear amicable between partners. However, the complexity and unpredictability of divorce proceedings can quickly become clear, making the guidance of a seasoned family law attorney invaluable. An attorney's foresight and experience drafting detailed agreements can prevent unforeseen complications, safeguard your interests, and potentially save you substantial amounts of money in litigation fees.

A divorce attorney has the experience and legal knowledge to help you through the divorce process by:

  • Expecting the Unexpected: Say you and your partner are getting a divorce, and everything feels amicable. You probably won’t feel the need to nail down the details of many important parts of your settlement agreement. When you and your partner agree completely, you may not feel it’s necessary to spell out the details of your custody or parenting time plan and time-sharing agreements. You do not see a point in making sure everything is accounted for because your divorce feels amicable. It’s common to want to continue to agree, so you’re not thinking about what could go wrong and what will happen if things do go wrong. This is where working with a family law or divorce attorney can be beneficial and save thousands of dollars in litigation fees down the road. An attorney knows the types of things that often go wrong and how to account for them right from the beginning. Attorneys have experience creating detailed separation agreements and parenting plans, which you can fall back on if things become contentious.
  • Understanding Your Entitlements: An attorney can be crucial in assessing what you're owed under Colorado law. For instance, it might seem appealing if your partner proposes a $20,000 settlement to expedite the divorce. However, accepting this offer could significantly disadvantage you. Knowing what you're gaining or forfeiting with such an agreement is vital to ensure you're making an informed decision. In Colorado, courts consider various factors of your marriage, such as its duration, work history, earning potential, and property, to ensure a fair division of the marital estate. It's easy to overlook key financial details, such as inconsistencies in your partner’s profit and loss statements or undisclosed financial support from family, which could affect the settlement. Even assets like a pension, which are not immediately accessible, are typically considered divisible under state law. An attorney can uncover the full scope of your financial situation and clarify your legal entitlements, guiding you toward a reasonable divorce outcome.
  • Dealing with Bullies: Having an attorney can be incredibly helpful if your partner is a bully or has an attorney who is a bully. Maybe it doesn’t feel like your partner or their attorney is bullying you at all, but at the same time, things feel off. Working with an attorney can provide the buffer you need to protect your interests. Attorneys are trained to know what the court and laws of Colorado expect and demand from you during the divorce process. Additionally, your attorney knows what you must do to comply and will advise you accordingly. By letting your legal counsel deal with all divorce interactions, you can be sure you are not being intimidated into doing anything that is not needed from you.

Working with an attorney offers legal representation, peace of mind, and strategic foresight. A divorce attorney provides the support needed to navigate the process, transforming it into a manageable process.

Contact a Solutions Based Family Law Divorce Lawyer Today

If you decide to work with an attorney for your divorce, Solutions Based Family Law is here to help. Our team can discuss all the ways we can support you and fight for your interests. Call (720) 463-2232 or reach out online right now to set up a consultation with one of our attorneys.