Do Both Spouses Have to Have a Lawyer for a Divorce?

by Wayne Thomas

Divorces are legal in nature. Navigating through the state laws that the court must follow from the time a case is filed until the marriage is dissolved can be overwhelming. For this reason, some spouses choose to hire a lawyer. You are never required to have legal representation for a divorce, even if your spouse chooses to hire an attorney. Knowing what types of legal issues that can arise during a divorce will help you decide whether a lawyer is necessary for your case.

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Divorce Procedure

The court is not allowed to provide you with legal advice. If you do not have help from an attorney, you must determine where to file the appropriate court documents, how to notify your spouse, and how to respond to her paperwork. You must also know how to formally submit requests to the court on issues related to property division, spousal support and child custody. If you and your spouse disagree on any of these issues, your divorce will go to trial and you must follow the court’s rules for exchanging information, gathering evidence and witnesses, and for presenting your case to the judge.