Utah Divorce Advice

At What Point Should You Contact A Divorce Attorney?

Divorce is a reality in today’s society. Divorce rates are high enough that almost everyone knows someone, who has gone through the process (and perhaps the pains, frustration, and anger) of getting a divorce. Sometimes divorces are pulled off without a hitch, but oftentimes the divorcing parties cannot agree on everything, and the divorce becomes more difficult to finalize.

A divorce attorney is not needed in all divorces, but more often than not, divorce attorneys end up being called in to resolve concerns and finalize a divorce, even when both parties enter the divorce with the best intentions.

At what point is it necessary to bring in a divorce attorney?

Several factors go into answering that question, and each couple will answer the question a little differently. Typical factors that come into play are:

  • Each person’s personality.
  • The nature of the assets being divided. The reality is … the greater the value of assets or the amount of money to be divided, the greater the need for divorce attorneys.
  • The desire of the couple to put the burden of separation and division on the decision of the court or lawyers.

Some people opt for divorce mediation

In some cases a couple will opt to use a mediator to help them negotiate the terms of their divorce. Oftentimes, divorce mediators are or were divorce lawyers or judges. A mediator is an impartial third party, who helps the couple divide up their assets and come to a fair divorce agreement. A mediator will push for resolution and compromise to come out of the divorce with both sides feeling like they got what was theirs.

When it makes sense to hire a divorce attorney

There are extreme divorce cases, where it makes absolute sense to retain the services of a divorce lawyer. In cases of substance abuse, child abuse, spousal abuse, or sexual abuse, it is highly recommended (and a natural desire) to seek the help and expertise of a divorce attorney. A divorce lawyer, in abuse situations, will know the law and understand the best course of action to take to safeguard you and your children.

Sometimes one spouse or the other (or both) will be out to hurt or get revenge against the other. If one or both of the divorcing parties is attempting to be vindictive or take advantage of the other, it is best to retain the services of a divorce lawyer. Divorce attorneys will understand the law and legal precedence that will allow for a fair divorce settlement.

It is also highly recommended that you acquire the services of a divorce lawyer, if your spouse has retained legal counsel to assist him/her. If children and/or complicated asset issues are involved and your spouse has retained a lawyer, you will be making a huge and possibly devastating mistake, if you do not also retain the services of a lawyer.

It is not a requirement that a couple contact divorce attorneys, when getting a divorce. Some couples can settle amicably on their own or through the use of a mediator. However, in the majority of divorces, it is recommended that the parties involved retain the services of a divorce lawyer.