Do Both Parties Have to Have an Attorney in a Divorce?

By Maggie Lourdes

The law does not require you and your spouse to hire separate lawyers for a divorce. You can fill out your own paperwork and represent yourself, or you can save time and attorney's fees by having an online legal document service fill out and file your paperwork for you. Parties generally do have separate attorneys in complicated or contested divorces in which they cannot agree on major issues to ensure the adequate protection of their own interests.

The law does not require you and your spouse to hire separate lawyers for a divorce. You can fill out your own paperwork and represent yourself, or you can save time and attorney's fees by having an online legal document service fill out and file your paperwork for you. Parties generally do have separate attorneys in complicated or contested divorces in which they cannot agree on major issues to ensure the adequate protection of their own interests.

Uncontested Divorces

An uncontested divorce is one in which the spouses agree on the division of property, debts, spousal support, and child custody and support if applicable. In an uncontested divorce, while the parties can choose to prepare and submit their own paperwork, one spouse can also retain an attorney to represent him and the other spouse can cooperate as a self-represented party. One attorney cannot legally represent both parties. If the parties cannot agree on any issues, they can opt to attend mediation to resolve their conflicts, or in some states, they must attend court-ordered mediation.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
What Is the Process for Getting a Divorce in GA?

References

Related articles

Collaborative Divorce Process

Collaborative divorce offers spouses the option of obtaining a divorce and resolving divorce-related matters without the nastiness of litigation, but with all the support that comes with each party having their own attorney. In collaborative divorce, spouses and their attorneys agree to share information openly and work to resolve all divorce-related issues through negotiation, not in court. Collaborative divorce is available in every state, but the process may vary somewhat from state to state.

What to Do When Your Husband's Attorney Is Not Responding to the Divorce

Divorce can be frustrating and stressful enough, without the process bogging down due to an unresponsive opposing counsel. The court process for divorces is comprised of very specific stages. If your husband's attorney does not respond during any or all of these stages, your case stalls. If you don't have your own lawyer to force a response from his fellow lawyer, there are options that you can exercise yourself.

Does a Divorce Mediator Do Separations?

Divorce mediation is a type of alternative dispute resolution; couples who choose to participate can sort out their family problems without going to court. In mediation, the parties control which issues they discuss. If a couple prefers to discuss a separation, rather than divorce, a divorce mediator can provide them with the appropriate mediation services.

Get Divorced Online

Related articles

Divorce Mediation Vs. Lawyers

Divorce can be a complicated, expensive and time-consuming process, especially when couples don't get along. However, ...

Contested Divorce Procedures

The exact procedures of divorce vary between states, but divorce can be a fairly simple process if you have an ...

Divorce Without a Financial Settlement

Divorce laws in most states require the resolution of financial issues before a court enters a final divorce decree. ...

Why Should One File a Counter Suit in a Texas Divorce?

If you are going through a divorce in Texas and do not know the laws, it may make an already difficult process more ...

Browse by category