Thinking about divorce is a significant step. One of the first questions that pops into your mind is probably, Do I need a divorce lawyer? While some divorces can be handled without legal representation, in many situations, the guidance of a skilled attorney is invaluable.
This post explains when and why hiring a lawyer can be crucial to protecting your legal and financial rights.
Do I Need an Attorney for Divorce?
It’s easy to think that handling your divorce without a lawyer will save you time and money. It seems obvious. But in reality, divorce is often far more complex than most people expect. While you might not need legal counsel if you and your spouse agree on every aspect of the divorce, including property division, child custody, child support, and spousal support—these situations are rare.
Most people underestimate how challenging even seemingly simple divorces can be. Without a lawyer, costly mistakes are common—even in amicable splits. This is especially true if you own a business, have retirement accounts, or deal with other complicated assets.
You’ll need to complete and file all divorce paperwork accurately with the court, and even minor errors can result in frustrating delays or unexpected and long-term legal consequences. Missing crucial terms in your divorce agreement could affect your future, whether through unintentionally waiving your right to alimony or overlooking tax obligations, property rights, or long-term financial responsibilities.
Why Do You Need a Lawyer for Divorce?
A divorce attorney does more than mediate disputes; they passionately advocate for your best interests throughout the process. Divorce in Colorado can be intricate, often involving:
- Legal obligations,
- Equitable division of assets,
- Child support,
- Child custody arrangements, and
- Spousal support.
Under Colorado Revised Statutes (C.R.S.) § 14-10-113, marital property is divided based on fairness rather than an equal 50/50 split. What the court deems equitable varies based on the case’s circumstances.
Every divorce case is unique, making the expertise of an experienced attorney invaluable. Your attorney understands the nuances of the law and how it intersects with the facts of your case. A lawyer plays an integral role in ensuring that assets and debts are divided in a way that truly reflects fairness, whether you’re dealing with real estate, retirement accounts, or other significant assets. They will help you navigate the complexities of the law, protecting your rights, keeping you in compliance with all legal requirements, and ultimately safeguarding your financial future.
Should I Get a Lawyer for Divorce If Kids Are Involved?
Child custody and support are some of the most contested and emotional aspects of any divorce, and Colorado courts prioritize the best interests of the child. In Colorado, child custody is determined by what the court believes is in the child’s best interests according to the factors addressed in C.R.S. § 14-10-124. The law mandates that the court must consider factors like the child’s emotional needs, the parents’ ability to provide a stable home, among other things.
Hiring a divorce lawyer becomes crucial when custody issues arise. An attorney can help you create a parenting plan that works for everyone involved and ensures that neither you nor your children are unfairly disadvantaged. They will also ensure that your child support obligations are calculated accurately, based on Colorado’s guidelines, which consider both parents’ incomes and the child’s needs.
What Happens If My Divorce Is Contested?
A contested divorce is when spouses cannot agree on critical issues, such as asset division, custody, or spousal support. In these cases, the question isn’t: Do you have to hire a lawyer for divorce? In such cases, the question more accurately involves when to hire a divorce lawyer. The sooner you bring a lawyer into a contested divorce, the better. Your attorney will prepare your case for court, ensuring all necessary evidence and arguments are presented effectively.
Without a lawyer, you may be at a distinct disadvantage in court, especially if your spouse has legal representation. Contesting a divorce requires a deep understanding of legal procedures and Colorado case law, such as In re Marriage of Gallo. This case highlighted the importance of a fair valuation of marital assets. A lawyer ensures you’re not stepping into a legal battle unprepared.
What Are the Financial Implications of Hiring a Divorce Lawyer?
While attorneys come with a price tag, not hiring one could cost you more in the long run—both financially and emotionally.
Without a lawyer to properly present the facts in light of the law, you risk losing your fair share of assets or paying more than your fair share of debts and support obligations. You may also get less child support or have to pay more child support than is required according to the guidelines. Many self-represented spouses end up losing patience and simply wanting the case to be concluded. But the consequences of your divorce will impact you and your family for years to come. You may be severely disadvantaged if your spouse has a lawyer protecting their interests and you don’t. Even if neither you nor your spouse has a lawyer, if you present your case incorrectly, the judge could miss important information and make unnecessarily detrimental decisions.
An experienced Colorado divorce lawyer knows what the judge needs to hear to make a proper determination on divorce terms. They know how to best present your case, and they will protect your financial and personal interests during settlement negotiations and in court.
Do I Have to Hire a Lawyer for Divorce If We’re Using Mediation?
Mediation is an alternative dispute resolution method that many divorcing couples explore to avoid a drawn-out court battle. Even in mediation, having a lawyer can be invaluable. While mediators are neutral parties facilitating negotiations, they do not advocate for your interests. They cannot and will not give you legal advice. On the other hand, your lawyer will clarify the long-term impact of each decision made during mediation, ensuring you aren’t blindsided.
Mediation only works if both parties understand their rights and obligations. A lawyer helps ensure you’re fully informed before agreeing to anything affecting your future.
What Should I Look for When Hiring a Lawyer?
When selecting an attorney, look for someone with experience in Colorado family law, particularly in the county where your divorce is filed. For example, if you live in Denver, you want an attorney who knows the local court systems and judges. A firm like Plog & Stein P.C. has a proven track record of success and dedication to its clients. We can make all the difference in ensuring your divorce is handled efficiently and effectively.
Ready to Move Forward? We Can Help
Divorce is one of the most challenging life events anyone can go through. Having the right attorney by your side can ease the burden and protect your rights. At Plog & Stein P.C., we bring decades of experience, dedication, and a deep understanding of Colorado divorce laws to your case. Our firm has helped countless individuals get through the challenges of divorce with confidence and peace of mind.
Still on the fence about hiring a divorce lawyer? Don’t wait for costly mistakes to surface. Contact us today to schedule a consultation and take the first step towards getting the legal support you need.
