If you are thinking about getting a divorce, you may feel overwhelmed by the vast amount of information on the internet and don’t know where to start or who to trust.
Nowadays, through the internet you can find a lot of information about divorce on blogs, websites, news, etc. But you should be very cautious in the information you read, since the wrong advice can cause you to make mistakes when filing for divorce or defending yourself.
While being advised by an experienced divorce lawyer will always be the best option, there are some cases where you do not need to hire one, since you can resolve it on your own. For example, when you both want to divorce and you have no children or assets in common. In this case, without the need to hire a lawyer, you can start the process through a Notary or Municipality. [For more information, you can also read: 10 Divorce Questions Answered by Family Lawyers].
As a general criterion, the less you have to rely on the courts to resolve the discussions involved in a problem, the simpler the process will be.
In this article we will give you some guidelines to help you make the best decision on whether or not to hire a divorce lawyer.
What do I need in an uncontested divorce?
As we commented, although divorce is one of the most complex and emotional legal processes within Family Law, not all couples need to delve into many issues to end their marriage.
You do not need to hire a lawyer, if you can have a good dialogue with your ex-partner and decide together issues such as:
- The custody of your children
- Visitation
- Child support
- The division of assets and alimony.
- It is advisable that the agreement you reach is put in writing, to avoid further conflicts in the future.
In these cases, prior to the beginning of the process of divorce by mutual agreement, you should go to a Conciliation Center to put in writing the conciliatory agreement on custody, visitation and alimony. Likewise, regarding the assets, they must have been divided, either by dividing them between them, donating them to their children or other options.
However, even the most agreeable couples can encounter obstacles during the settlement process, so be prepared to consider hiring an attorney if that happens. Another thing to consider is hiring an attorney-consultant, who can simply conduct a review of the proposed divorce agreement before signing it. It is important to understand that when you agree to the terms of the divorce and a judge signs the judgment, you will be bound by that agreement and the court order.
If you believe you got a bad deal or agreed to something you did not understand, your only recourse will be to resort to a court proceeding. For this reason, it is advisable to hire a divorce attorney to review your agreement before you sign it.
A lawyer can explain your rights and the application of the law.
If you are considering getting divorced but have not yet made up your mind, it might be a good option to seek the advice of a Divorce lawyer so that, according to your specific case, he/she can answer your doubts and explain your rights and the alternatives you have, unless you are sure of your ability to interpret the rules, valid evidence and legal paperwork.
For example, in case you find out about your partner’s infidelity and you want to initiate a divorce proceeding for that reason and ask for a compensation, it is extremely important that, before taking any action, you get advice from a lawyer, since there is a term to file a divorce lawsuit counted from the moment you find out about it and you must gather valid evidence to initiate this type of proceeding.
It is a good idea to interview a few lawyers before deciding on one. You should ask about their experience with this type of cases and if they are in favor of resolving cases through private (out-of-court) negotiation. This point is important, since it is in your best interest that the lawyer not only has experience in litigating divorce cases, but also has the ability and experience in resolving disputes through private negotiation with the other party (for the purpose of reaching an out-of-court settlement).
When should I hire a lawyer?
There are situations in which you should always have the advice of a lawyer:
- There is family violence or child abuse.
- Your ex-partner has hired a lawyer.
- There is substance and alcohol abuse by your ex-partner.
- You believe your spouse is hiding or selling property belonging to both of you.
- Your ex-partner threatens to hurt you and drive you to financial ruin.
- You do not have good communication and your divorce involves minor children and assets.
- You have a business or accumulated debt together.
- The other spouse refuses to grant the divorce.
While no divorce is pleasant, some are downright unbearable, especially if there is family violence, if the other party in your case is hiding assets, wasting marital funds or threatening you with physical or financial ruin for filing for divorce.
If you find that you cannot even talk to your spouse, hiring a qualified attorney to represent you may be your only option. The attorney will not only defend your rights throughout the divorce, but will relieve you of the stress (or fear) of your divorce, since you have someone professional on your side.
Are you in Baja California Sur, Mexico? Todos Santos, Los Cabos, La Paz, Loreto, San Jose Del Cabo, Los Cabos, El Pescadero? Are you in Nuevo Leon, Mexico? Apodaca, Cadereyta Jiménez, El Carmen, García, San Pedro Garza García, General Escobedo, Guadalupe, Juárez, Monterrey, Salinas Victoria, San Nicolás de los Garza, Santa Catarina and Santiago…
At Cabo Lawyers we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.
