We Seek an Uncontested Divorce, Are There Benefits to Using a Lawyer v.s. Filing Solo?

We Seek an Uncontested Divorce, Are There Benefits to Using a Lawyer v.s. Filing Solo?


Question:

My husband wants to share the cost of a lawyer. I’ve been told it’s just as easy and quick to file w/o a lawyer. Not sure what to do. ¬†We have no joint assets or children.

Answer:

You may represent yourselves. However, if you do not understand your agreement or later do not like its consequences, you may wish you at least sought out some legal advice.  Depending on how your agreement is written, many items such as property division and support issues may be final and not later subject to change by the Court.  If you have a change in your income or financial circumstances, you may find yourself unable to seek relief.

Also, although it may seem like a good idea to “share the cost of a lawyer,” an attorney cannot represent both you and your husband.¬† So, if you husband is proposing that he will hire a lawyer that you will pay for out of your joint funds, you must be aware that that attorney only represents your husband and not you and will not be giving you advice about whether any agreement you enter is in your best interests or not.

At minimum, if you represent yourself and come to an agreement with your husband, I recommend that you at least speak with an attorney who only represents you about your agreement to make sure that you understand its terms.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Uncontested Divorce Lawyer.  This does not consent an attorney client relationship.