Brookings South Dakota Lawyers, Attorneys
 

Do I Need a Lawyer to get Divorced?

by Jared I. Gass

How do I get a divorce?  The answer isn’t probably what you’d expect…coming from a lawyer anyway.

The answer is not: “Hire Gass Law Office and we’ll get you a divorce right away!”  The answer is “it depends”.  It depends on your own unique situation.

At its bare minimum, the divorce process involves one party filing a complaint and having it served on the other party. Then, the other party has 30 days to respond to the complaint with an answer. After that, there is a 60 day mandatory waiting period on the disposition of assets before the divorce can be finalized. Do you NEED a lawyer for all of that?   Not necessarily. Yep, you read that right.  A lawyer just told you you don’t necessarily need a lawyer to get divorced.

If your situation is relatively simple (no kids, no alimony request, no dispute over assets and debts, etc…), the clerk of courts in your county should have “do it yourself forms” for pro se (legal term for ‘without a lawyer’) litigants who want a divorce without unnecessary legal fees.

So, the short answer to the question posed above is “No, you don’t NEED a lawyer to get divorced.”   However, a better question to ask is: “SHOULD I get a lawyer if I’m getting a divorce?”  The answer to this question is “more than likely, yes.”  Unless your divorce situation is very basic as mentioned above, I highly recommend you consult a lawyer.  Especially if the other party has already retained one.  If the other party has a lawyer and you don’t, you’ll be behind the 8-ball from the very beginning. A good divorce lawyer can help you navigate the divorce process, make sure you receive a fair property settlement and ensure your rights are represented when deciding the custody and visitation of your children.

Getting divorced isn’t fun for anyone.  It is often a major life-changing event that could affect you the rest of your life.  If you’re considering a divorce give us a call.  We can assess your individual situation and advise you accordingly.

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