Not necessarily, but you do need legal advice, even if you believe that an agreement can be reached. Even if you have reached an agreement, you need legal advice before you sign off on either a joinder to the petition or the final documents.
Often cost is a major consideration and the new rules with respect to “unbundled legal services,” can minimize your expenses. Under those rules, you can hire a lawyer to do one or more discrete tasks, or to represent you for a specific period of time, or for a specific purpose. For example: you could hire a lawyer to draft your documents, but represent yourself in court hearings. You could also use a paralegal or the court facilitator to help you draft documents and then have an attorney review them before you file them. You might also work with an attorney to give you some legal advice, but negotiate your own agreements. Later, if it becomes clear that no agreement can be reached, you can hire a lawyer to prepare for and represent you at trial.
It is helpful to have a discussion with the lawyer you would hire early on in the process and to maintain contact (and get advice) along the way. The last thing you (or your lawyer) need as you prepare for a trial are ugly surprises.
Sometimes I get asked whether someone should follow the same advice a friend got from a “Super Lawyer” in another community because they got a great settlement. I believe that talking to other people about how they managed their divorce can be very helpful. But, each county deals with things a little differently and you should consult a lawyer in the county where the decisions are going to be made. Also, while information from friends can be useful, unless your best friend is a lawyer, you should get your legal advice from someone who not only knows the law, but someone who can make sense of it after considering all of the facts related to your particular situation.
Remember, how you manage your family law matter is a very personal decision. Some people do a fine job of representing themselves. Other people, even if they have a very simple uncontested divorce with no children, just want the peace of mind of having an attorney do it for them. Neither is right or wrong. The good thing in this community is that you can choose what is most comfortable for you. Of course, not all lawyers are willing to offer unbundled legal services. So, if you think the “do it yourself” option is for you, be sure and ask whether the attorney you consult is willing to support your choice.
Often cost is a major consideration and the new rules with respect to “unbundled legal services,” can minimize your expenses. Under those rules, you can hire a lawyer to do one or more discrete tasks, or to represent you for a specific period of time, or for a specific purpose. For example: you could hire a lawyer to draft your documents, but represent yourself in court hearings. You could also use a paralegal or the court facilitator to help you draft documents and then have an attorney review them before you file them. You might also work with an attorney to give you some legal advice, but negotiate your own agreements. Later, if it becomes clear that no agreement can be reached, you can hire a lawyer to prepare for and represent you at trial.
It is helpful to have a discussion with the lawyer you would hire early on in the process and to maintain contact (and get advice) along the way. The last thing you (or your lawyer) need as you prepare for a trial are ugly surprises.
Sometimes I get asked whether someone should follow the same advice a friend got from a “Super Lawyer” in another community because they got a great settlement. I believe that talking to other people about how they managed their divorce can be very helpful. But, each county deals with things a little differently and you should consult a lawyer in the county where the decisions are going to be made. Also, while information from friends can be useful, unless your best friend is a lawyer, you should get your legal advice from someone who not only knows the law, but someone who can make sense of it after considering all of the facts related to your particular situation.
Remember, how you manage your family law matter is a very personal decision. Some people do a fine job of representing themselves. Other people, even if they have a very simple uncontested divorce with no children, just want the peace of mind of having an attorney do it for them. Neither is right or wrong. The good thing in this community is that you can choose what is most comfortable for you. Of course, not all lawyers are willing to offer unbundled legal services. So, if you think the “do it yourself” option is for you, be sure and ask whether the attorney you consult is willing to support your choice.
Margaret Brost
