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When to consult a lawyer when considering divorce

On Behalf of | May 8, 2024 | Divorce |

If you’re considering a divorce, one of the most critical decisions is when to involve a lawyer. This decision can significantly impact the course of your divorce proceedings. It’s important to understand the risks and benefits of consulting a lawyer before vs after asking your spouse for a divorce.

Consulting a lawyer before asking for a divorce

Consulting a lawyer before you speak to your partner about divorce offers several advantages. A lawyer can help you understand your legal rights and what to expect during the divorce process. They may also offer strategic planning advice on topics like ensuring you are well-prepared financially.

Additionally, if there’s a concern about your partner hiding assets or becoming vindictive, a lawyer can take preemptive steps to safeguard your interests right from the start.

Consulting a lawyer after discussing divorce

You might choose to talk to your partner before hiring a lawyer, especially if you anticipate an amicable separation. Discussing the divorce without legal pressure might foster a cooperative approach, which can be beneficial in achieving a mutual agreement.

You can still hire a lawyer afterward to ensure the agreement is fair and legally binding. If you and your partner can agree on most issues, this might reduce the legal fees because there will be fewer contested issues for the lawyer to handle.

Assessing your personal situation

The decision on when to consult a lawyer should depend on your unique circumstances. If you have significant or complicated assets, consulting a lawyer early can help ensure they are divided fairly. Similarly, if custody of children will be a consideration, getting legal advice early can help you prepare for custody discussions.

Consider the dynamics of your relationship. If there is a history of manipulation or abuse, it’s safer to have legal protection in place before you bring up the topic of divorce.

How to decide when to talk to a lawyer

Weighing the pros and cons of when to consult a lawyer is essential. Regardless of when you talk to a lawyer, good legal advice can prevent surprises and ensure your rights are protected throughout the divorce process.