Although it's possible to go through a divorce without getting attorneys involved, there are several situations when you should have an attorney as well as your spouse. The following are a few of the most common situations:
You have children
It is important to have a custody agreement that specifies whether one of you will get full custody or joint custody. All situations regarding visitation need to be specified as well. Custody arrangements may be different during the school year than in the summertime. Much of this may seem like things that a couple can work out themselves, but the problem is in leaving out important aspects of an agreement. Attorneys will be able to present the full range of items that the agreement will need to address. This includes things such as an ex-spouse moving to a new location.
You or your spouse has a business
If one of you has a business and you live in a community property state, it can become tricky splitting the assets. The business will have to be evaluated by an expert to assess its worth. This type of expert must be agreed upon, so there is no bias in the evaluation. Also, if you or your spouse has a partner in business, the situation becomes complicated because assets may not be possible to sell to share your joint wealth.
Alimony may be an issue
If either you or your spouse has a much larger income than the other, alimony could become an issue. An alimony agreement is likely to be fair when both sides have an attorney. Also, a good agreement can also be modified in the future, but a poorly constructed alimony agreement, without attorneys involved, can create problems that are much worse than modify an existing agreement.
There are multiple issues
A divorce can be amicable, but if there are many issues that must be addressed, then it also means that the paperwork will be complicated. When both you and your spouse have an attorney, the divorce agreement will be drafted to the satisfaction of both parties, and all of the legal filings will be done for you and done properly. A do-it-yourself divorce is not only about two people who are on friendly terms but is also about a simple divorce. Yours may not be that simple.
Just because you and your spouse have attorneys does not mean that the divorce is going to be adversarial. Having legal representation means assuring that every aspect of a divorce is addressed, and both you and your spouse understand exactly what the divorce entails today and in the future.
Contact a company like Madison Law Firm PLLC for more information and assistance.