Do I Need A Solicitor For My Divorce?

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Do I Need A Solicitor For My Divorce

The breakdown of a marriage is a painful experience that no one should go through, but divorces happen daily. People get divorced for different reasons, and everyone involved typically wants things to move and conclude as fast as possible so they can move on and not have to be subjected to additional pain. 

You may want some help and support when getting a divorce, which may inevitably lead you to ask whether you need to hire a divorce or family law solicitor.

Do You Need a Divorce Solicitor?

Legally, you do not need to instruct a solicitor when filing a divorce petition, especially in cases where there are few to no assets or contentious issues. However, a solicitor can guide you through a complicated minefield when there are issues such as a former family home and who ends up with it. 

You should talk to a solicitor before the divorce proceedings to understand what the proceedings will entail and what is required of you. Also, representing yourself in divorce proceedings means you will be at a disadvantage compared to a partner with a family law solicitor on their side.

Do I Need A Family Law Solicitor If I Am A Respondent In A Divorce Proceeding?

As with filing for a divorce and getting the right representation, you do not need a solicitor when responding to a divorce petition. However, you should always get a solicitor to give yourself every advantage, especially if your partner is being difficult, has a solicitor by their side, or there are significant financial considerations before the court.

Why You Need a Divorce Solicitor

A solicitor can talk to your partner and their representation on your behalf. They can also represent you in court or hire a barrister to do that for you. Since they are working for your benefit, they will do everything to get you the best outcome. Using an experienced family law solicitor has additional benefits that we will look at below.

A Solicitor Saves You Time

You will need to fill out and complete several forms as part of the divorce proceedings and procedures. If you decide to represent yourself, there is the probability that you will not do it right. The court will not accept them and will instead ask you to start over if you fill these forms incorrectly or include incorrect information.

The court will then delay the divorce until you amend all the incorrect forms and resubmit them correctly. The court will not accept these forms or restart the court proceedings until it is satisfied that you have provided the correct information in the correct format and filled out all forms correctly.

Solicitors can see you quickly and then do everything for you. The solicitors at P.A. Duffy & Co Solicitors, for example, will apply for a legal divorce on your behalf and go through the different forms with you. They will also file the divorce petition, respond to petitions issued by your partner, and apply for the orders necessary to ensure the completion of a formal divorce.

Because they are highly experienced in doing this, there is little to no chance that your application will be rejected once the solicitor handles everything for you.

A Solicitor Can Help You Avoid Court

Most people do not like going to court unless it is necessary. Doing so when you are going through a divorce can be emotionally devastating and physically exhausting. When you decide to represent yourself, there is a high probability that the divorce will end up in court. 

The main reason this happens is emotions. Not having representation means you are more likely to be carried away by your emotions surrounding the divorce. 

A family law solicitor will be much more objective in these cases and help you realise there is no need to go to court. The reason is that the court will give a fair settlement, and the solicitor knows this. If you do not have the outside perspective and objectivity of a solicitor, you may think that going to court is the only viable outcome.

They Ensure the Result Serves Your Best Interests

Every family law solicitor does their best to ensure the best outcomes for their clients. If you do not use a solicitor, you may not realise what your best interests are or whether the proposals an ex-partner sends are the best in that situation.

Your solicitor will also be the person between your partner or the court and you. They will receive any correspondence before you do, have time to read and digest it and then explain everything clearly and concisely. By doing so, they will help you understand whether what your partner or their solicitor is saying serves your interests or not.

The Cost or Investment is Worth It

It might seem like instructing a solicitor is an expense you can do without during the divorce process. However, doing so is worth it in the long term because they will get you everything you need and ensure your best interests are served.

They Help Reduce Anxiety and Stress

Everything surrounding the divorce process is stressful, from communications with your ex to dealing with their solicitor and the court. A solicitor handles everything so that you do not have to worry about these things. They also ensure you do not make any mistakes or wonder whether you are doing things correctly.

A Solicitor Helps Avoid a Stalemate

A divorcing couple rarely agrees on everything or how things will go. For example, your ex-partner might not want to go through the divorce or is being difficult in other ways. In such cases, a solicitor can help get things unstuck. They will also ensure all parties resolve the matter before them sensibly without never-ending arguments.

They Can Locate Hidden Assets

It can be hurtful to know that a partner hid assets from you while you were married. Sadly, it happens more often than most people think. Solicitors are experts at finding hidden assets through analysis, questioning, and investigation. By unearthing hidden assets, they help you end up in a better position than you would have otherwise.

A family law or divorce solicitor helps you with divorce proceedings, handling various tasks such as filing and dealing with your partner’s petitions. They also give you peace of mind and ensure you do not have to deal with stressful situations when you are already dealing with difficult emotions. While not legally required, instructing a divorce solicitor is the best thing you can do when filing or responding to a divorce petition.

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