My Spouse Has a Divorce Lawyer, Do I Need One Too?
Clients going through a divorce often ask “do I need a divorce lawyer if my spouse has one?”. Here’s how to know if you need a divorce lawyer if your spouse has one.
In short, yes, you’ll probably want to hire a divorce attorney if your spouse already has one. Divorce can be complicated, and you don’t want to negotiate divorce terms without legal representation.
Getting an Attorney If Your Spouse Already Has One
When deciding whether to hire an attorney once your spouse already has one, it’s important to ask yourself five questions:
- Do I have kids or marital assets that may be jeopardized by my lack of legal representation?
- Am I going to have a civil divorce?
- Will I be using mediation as a method of divorce?
- Am I seeking spousal support?
- Do I thoroughly understand California’s divorce laws enough to fully protect my rights?
Your answers to these five questions can help determine if you need a divorce lawyer. If you and your spouse are willing to collaborate civilly through mediation to settle simple divorce terms, then you may not need an attorney. However, if you’re seeking child custody, child support, or spousal support, and your spouse will not agree to your divorce terms, getting legal representation may be in your best interests. If children, marital assets are involved, the divorce will be much more complicated and you’ll most likely need to hire a divorce attorney.
Child support, child custody, property division, and spousal support are serious matters that will significant effects on the rest of your life. It’s important to invest in an attorney if you believe that a lack of legal expertise may jeopardize your rights in any way.
Handling the Divorce Yourself
There are some instances in which self-representation is acceptable in a divorce. If you and your spouse agree on virtually all divorce terms and need little to no mediation, a divorce attorney may not be necessary. But, if you and your spouse can’t agree to divorce terms and are may take your divorce to mediation, arbitration, or even court, you should definitely get an attorney. Either way, keep in mind that your spouse may have a leg up on you; having legal counsel and representation is extremely advantageous.
Of course, choosing not to hire an attorney can save you money. But think in the long term. Settling upon unfair divorce terms like property division, spousal support, and child support can cost you hundreds of thousands of dollars. Thoroughly protecting your rights, assets, and entitlements is worth paying for a lawyer.
FAQs About Getting a Divorce Lawyer
What if only one spouse has a lawyer in a divorce?
If one spouse hires a divorce lawyer, he or she definitely has the legal advantage. However, you don’t need to get an attorney only because your spouse has one. But, if you and your spouse don’t agree to all divorce terms, it may be in your best interest to get a divorce attorney.
If my spouse gets a lawyer for my divorce will I be informed?
No, a spouse or their lawyer has no legal obligation to inform you that your spouse has consulted a lawyer. However, if your spouse files for divorce without telling you, your spouse must serve you the divorce papers.
Should I tell my spouse I’ve retained a divorce lawyer?
If you’ve already told your spouse you want a divorce, it may be best for you to tell them that you’ve hired an attorney. But, you probably shouldn’t tell them you’ve retained a divorce lawyer before you’ve told them you want a divorce.
Can spouses share a divorce lawyer?
No, spouses cannot share one divorce lawyer. Attorneys are ethically prohibited from counseling or representing two opposing parties simultaneously.
Should I tell my spouse that I’m talking to a divorce lawyer if we’re not together?
You’re under no legal obligation to tell your spouse that you’re talking to a divorce lawyer if you’re separated. Telling your spouse you’ve consulted a divorce lawyer may cause him to get a divorce lawyer, which would strengthen his case.
Contact Us
If you’re asking if you need a divorce lawyer if your spouse already has one, contact us. We’ll get you in touch with the most qualified divorce attorney for your unique legal issue. Your first consultation is free.