Thursday, February 12, 2009

Do You Need A Lawyer?

The Marriage Zone: Divorce - Do You Need a Lawyer?
By Christopher C. Meyer
© June 2008


Do you need a lawyer for your divorce? Many people do not use a lawyer. Some people cannot afford a lawyer. A simple analogy may help to determine whether or not to hire a lawyer.

Let’s assume that you have been in business partnership with another person for 15 years. Over time you gradually have become dissatisfied with the other person’s participation in the business. You want to sever your ties and carry on business on your own. Business has been fairly good during your partnership and the business has accumulated significant assets as well as some liabilities. At the time you entered into the partnership there was no agreement about what would happen when the partners decided to part ways. Do you feel confident that you can get your fair share of the business and eliminate any unnecessary liabilities without the assistance of an attorney? Are you confident that your partner will treat you with absolute fairness and provide you with all the information you need to make the best possible decisions? These issues are very similar to the issues you will encounter in a divorce.

If you have been married for a significant length of time, your divorce will be one of the biggest, if not the biggest, business transaction that you will ever be involved in. If you do not understand the divorce laws regarding the division of assets and liabilities, including complex assets such as pensions and retirement accounts, you may shortchange yourself. If you do not understand the laws regarding spousal support (alimony), you may get much less than you are entitled to. If you do not understand the divorce laws regarding child custody and child support, you may adversely impact your children’s lives. Do you understand the tax ramifications of all these aspects of a divorce? Divorces, just like business transactions, have tax consequences.

Do complex transactions involving big financial decisions and family responsibilities make you anxious? If you hire a lawyer, the lawyer should be able to shoulder most of the load and increase your confidence level that you are doing the right thing for you and your family.

A divorce proceeding is paperwork intensive. Do you enjoy doing paperwork? Do you prepare your own income taxes? Do you enjoy having externally created deadlines? A family law attorney handles divorces on a regular basis, and can handle all the paperwork for you.

Depending on your responses to these questions, you may want seriously to consider hiring a lawyer to help you with your divorce. If you already have a relationship with a lawyer, talk to her or him about it. There are many good family law attorneys to choose from.

This article is for informational purposes only and does not constitute legal advice about your case.

Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.