DO I NEED A LAWYER FOR DIVORCE?

While you technically do not need a lawyer to get a divorce in most jurisdictions, including Minnesota, it is generally recommended to consult with one, especially if your divorce involves complex issues like child custody, significant property division, or spousal support, as a lawyer can help navigate the legal process and protect your rights; if you and your spouse agree on all aspects of the divorce, you may be able to handle it without a lawyer through an uncontested divorce process.  It is also true that saving money initially with a do-it-yourself divorce might wind u costing you later when something about the divorce decree is incorrect and needs fixing or because you did not fully know your rights,

 

Key points to consider when deciding if you need a divorce lawyer:

 

Dynamics between the parties: The other spouse may manipulate or try to bully during the divorce; or the other spouse may not be honorable during or after the divorce. It may also be difficult to proceed without a lawyer if either spouse has had chemical or mental health issues.

 

Complexity of the case:

If you have significant assets, complex custody arrangements, or a history of domestic violence, a lawyer is highly recommended. 

 

Financial concerns:

While a lawyer can be costly, the potential risks of not having legal representation could be greater in a complex divorce. 

 

Why is Self-representation so Difficult?

 

A self-represented party is called a pro se party. A pro se party in a divorce may need to:

• Research previous Minnesota cases to determine likely outcomes and past judgments in order to know what it is they have a right to and what they are giving up.
• Learn, understand, and apply Minnesota statutes on child support, spousal maintenance, and marital property. Relying on family and friends for information is rarely a correct solution.
• If the Case is contested, you may need to research, hire, and know how to introduce documents in court for appraisers, banks, retirement plans, and debts
• You will need to retain, organize, redact and file all appropriate records and documents.
• You will need to know how to acquire required documents and information from your spouse.   What you do not know can hurt you.    
• You must properly draft, serve and file all necessary paperwork to the Court and the other spouse.

 

For divorce or family law questions, please call me at 612-240-8005