DO YOU NEED AN ATTORNEY?
These days many individuals going through a divorce handle the matter
without the assistance of an attorney. They feel that it is better to try and
settle the matter without spending large sums of money on legal
representation.
In all honesty, simple divorces can easily be handled by the parties. There
is enough assistance through the courthouse or the internet to “walk you
through” the process. HOWEVER, sometimes people can be as they say “penny-wise
and pound foolish”.
In an effort to save money on attorneys’ fees they may wind up giving up
too much or perhaps not receiving his/her share. I have often reviewed Marital
Settlement Agreements which were entered into without the assistance of
counsel. Often these individuals come to see me after the fact to request
assistance in attempting to “get them out” of the Agreement. Unfortunately it
is extremely difficult to undo what has already been done.
A Marital Settlement Agreement or a Mediation Agreement has the same legal
effect as any binding contract. In addition, individuals are expected to know
the law and it is not an excuse to later say “I wasn’t represented by an
attorney”.
Many attorneys offer free initial consultations; those that don’t usually
charge a nominal fee for their time. If you have any doubts as to the law as
it pertains to your situation, it would be in your best interests to consult
with an attorney. However, an attorney cannot ethically represent both parties
in a divorce and therefore can only advise one of the parties. Therefore
initial consultations should take place without your spouse.
Lastly, if you have considerable assets, real estate or a business, or you
anticipate a custody issue, you should definitely consult with an attorney to
discuss these issues. A little bit of experience can go a long way.
If you would like any additional information please call me at 954 385-9160 to schedule an appointment.
