Do I Need a Divorce Lawyer if We Agree On Everything?

The quick answer to this question is … maybe. It’s probably not necessary for you to hire a divorce lawyer if you 100 percent agree on everything and have no trust issues. But in reality, if you truly trusted this person, you probably wouldn’t be filing for divorce in the first place, right?

If you find yourself asking, do I need a Rancho Cucamonga divorce lawyer if we agree on everything? Consider it a gray area at least until you take a few moments to sit down and really consider what you want from this process.

Contested Versus Uncontested Divorce

With an uncontested divorce in California, you may not need to have the court hear your case. Instead, the case can be handled by mail or by brief contact with the judge or the judge’s clerk.  

You can certainly create a divorce agreement yourself, but interpreting statutes isn’t as easy as you might imagine. Remember this document is going to provide the groundwork for your future relationship with your ex. That’s why most people will consult a divorce lawyer to at least analyze the agreement and make sure it’s drafted correctly, even if the divorce is uncontested. 

A case becomes contested and a divorce attorney is necessary when you and your spouse disagree on one or more issues. A judge will make the final determination about property allocation, child custody, any alimony paid, and other matters. The process begins once the two of you file a joint petition for divorce. 

Some people wonder, do I need a divorce lawyer if my spouse has one? The answer is almost always yes. Plus, there are disadvantages of filing for divorce first, mainly that your ex becomes privy to what you’re thinking and gets to play defense. 

When you’re quarterbacking all the moves because you’re the one that filed for divorce first sometimes mistakes are made in haste. So only move forward when you are sure about your strategy.

Some folks considering divorce ask, if I file for divorce first do I get custody? They may automatically assume custody will be granted because the other partner is very abusive to the children or neglectful.

Unfortunately, divorce doesn’t play out that way. Judges determine custody mainly by analyzing the role each parent plays in the child’s everyday life.

Talk to a Divorce Attorney

After really thinking about filing for divorce yourself, if you’re like most people you’ll come to the conclusion that lawyers are better able to evaluate your circumstances and are more likely to successfully negotiate a settlement that satisfies both of you.

As tempers flare up and you’re wondering, do I need a divorce lawyer if we agree on everything? Remember attorneys understand the value of keeping emotions from escalating. In fact, it’s usually a key role of their professional services. 

Contact a Rancho Cucamonga divorce lawyer from The Law Office of Laurence J. Brock at 909-466-7661 or fill out our contact form online.