Do I need a divorce lawyer?
When people know that they are about to get divorced, one of the questions they ask themselves is: “Do I need a divorce lawyer?”
Can I represent myself in a divorce?
It is not likely that you would be stopped from doing surgery on yourself and, technically, Michigan law allows people to handle their own divorces without the aid of an attorney. There may be many reasons that people decide not to hire an attorney to help with their divorce, however we recommend always having a surgeon in the operating room and an attorney with you throughout the entire divorce process. Most people are no more qualified to practice law than they are to practice surgery.
The first reason people give for not wanting to hire a lawyer is that they think they are smart enough to navigate the legal system on their own. However, as divorce lawyers, we know the intricacies of the Family Courts in Michigan. Without an attorney, a party will be going into the divorce process and even into court without years of knowledge, training and experience. This could cause extreme delays, and often bad results in the short term and/or in the long run. Smart doctors hire other doctors when they have a medical problem. Smart attorneys hire other expert divorce attorneys to handle their family law cases. We recommend that you do likewise.
Another reason people give for not wanting to have an attorney is that they want an amicable divorce. They feel hiring an attorney is not necessary because they and their spouse are leaving the marriage on good terms. However, having an attorney by one’s side does not mean the divorce will have to be contentious. It simply means the person is protecting his or her own long term interests when it comes to property division and child custody. Quite often, when people go into a divorce wanting to be friendly with to their soon-to-be ex, things do not go well and one party is severely disadvantaged as they head into the single life. Remember, as attorneys, we work for you. We may recommend fighting for your rights on certain issues, but we cannot make these arguments without your consent. As the client, you dictate how aggressive you want us to be. We provide the legal advice and guidance, we make suggestions but, in the end, you make the final decisions.
A third reason people give for not hiring a divorce lawyer is that they feel it is too expensive. However, depending on a person’s financial situation, a poor result in a divorce settlement could cost the person much more than the cost of attorney’s fees. Many of our clients started representing themselves in their divorce but came to us once things start going wrong. We may then have to spend time un-doing mistakes before we can move forward. Therefore, hiring an attorney at the beginning of the divorce can be very cost-effective. Doing it correctly from the beginning is far better than having to fix any problems down the line.
Using an online document company
Recently, there have been companies offering legal documents online to help people represent themselves in a divorce. In addition to the pitfalls discussed above regarding representing oneself in a divorce, online documents have their own share of problems.
First, these documents often come from large companies that offer one-size-fits-all forms for people all across the United States. The documents may not be in compliance with Michigan divorce law. They could also be outdated since Michigan family law may have changed. Also, as any good divorce lawyer knows, there is much more to a divorce than just the initial filing. Many divorces involve the arguing of motions in court or some type of facilitated mediation. People who use online document companies alone will not have legal representation at these very important events. Going to court or a mediation meeting without an attorney can be very harmful to one’s case, especially if the other spouse has a divorce lawyer. Simply put, document services are no substitute for a real, live lawyer. Let's face it. Buying a form online, prepared by a person unknown to you, is risky business. We never recommend gambling with your future.
Talking to a lawyer once
Sometimes, a marriage is on the rocks for months or years before the actual divorce begins. During this time, a spouse may to try to show the other spouse how serious they are about their thoughts, and one way they try to do this is to have an initial appointment with a Michigan divorce lawyer (so they can say, for example: “If you don’t change your ways, I will divorce you. I already went and saw a lawyer.”). Thus, sometimes seeing a lawyer becomes only a threat to use against the other spouse.
Many times during an initial consultation, an attorney will tell a potential client about the divorce process. The attorney may give a general overview of what he or she expects to happen should the potential client file for divorce. Because the attorney has not had time to review the specific details of the case, the attorney realistically cannot know what strategies he or she will use in the case or what the likely outcome will be without much more detailed information. However, some people think that a short consultation with an attorney has armed them with enough information to be able to represent themselves in a divorce. That is just not true. Our family law attorneys have many years of training, education and experience representing clients in Michigan divorce and custody cases. We continue to participate in seminars that keep us updated on the changes in Michigan law. Family law cases are best left to professionals and not to do-it-yourselfers.
Hiring an attorney for the divorce
Quite simply, this is the only option we recommend to those who are considering a divorce. A divorce attorney will start the case on the right foot from the beginning. Good divorce lawyers are up-to-date on Michigan law and have years of experience delivering favorable results to clients. Lawyers will be side-by-side with the client in all court hearings and all facilitated mediation. Drafting motions and briefs for the Family Court are something experienced divorce attorneys do regularly. Aggressive lawyers know what to fight for and how to get it. We have delivered proven results in family courts throughout Mid-Michigan including in Lansing, Charlotte, St. Johns, Ionia, Jackson, Ingham County, Eaton County, Clinton County and beyond.
If you are thinking of filing for divorce, contact the premier Michigan divorce lawyers at Kronzek & Cronkright, PLLC. We can arrange for a confidential meeting in our Lansing office. Our attorneys can also arrange emergency meetings on short notice for crisis situations.
