Why do I need a lawyer to get a divorce?

This is a common question asked by many. Why can’t I just go to JPN and inform the officer that I no longer wish to be married? There are 5 main reasons for you to get a lawyer in filing your divorce

1. Terms of divorce

The terms of divorce needs to be established  clearly. For instance, what will be the arrangement for the custody of the children? What will be the visitation hour by the father or the mother? How much will the child maintenance be? These are the few example why divorce be it an amicable one or not have to go through a lawyer and the terms of divorce have to be recorded in court. In future, you no longer have to worry as everything have been recorded in black and white.

2. Know your rights

The second reason is so that you will know what are your rights. As a wife, you have a right to claim for wife’s maintenance, marital properties or arrears in alimony. If you are a victim of domestic violence, then you will need a protection order from the abusive spouse. What about if the abuse is only done mentally? How do you get the right protection? Also, what will be the children’s right in terms of their education, insurance or medical needs? On the other hand, as a husband, what will be your right over child custody? Is it true that children’s custody will always be given to the mother? There are many other legal issues which will need a lawyer’s expertise to give you a full and comprehensive explanation as to what are your rights.

3. Protect your rights

The third reason is that you will need to protect your rights. If you decide to represent yourself in court, you may be caught off guard simply because you do not have the knowledge as to how the court procedure takes place. Hence, simply knowing your rights may not be enough as you will need a good lawyer to protect them.

4. Negotiation

Whether the divorce is amicable or not, you will also need a lawyer to negotiate on your behalf. If you and your partner are still in speaking terms then this may not be relevant. However, more often than not, couples who are going through a divorce are not in speaking terms. Hence, you will need a good lawyer to speak or write on your behalf to negotiate for an amicable settlement. An amicable settlement is always preferred in a divorce case to avoid unnecessary cost in settling the matter.

5. Peace of mind

Going through a divorce is without a doubt a painful and difficult process. Hiring the right lawyer will indeed help you to go through this difficult chapter in your life. You will have less to worry in terms of talking to your spouse about the divorce or about what is required to protect your rights as the wife or husband in the marriage.

Everything considered, it is possible for you and your spouse to file for a divorce without appointing a lawyer. However, it is generally not advisable to do so as your rights might be suppressed by your other half who may have a better legal knowledge than you.

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