Realizing that your marriage is headed for divorce is never easy, whether you made the decision, your spouse made the decision, or it was a mutual decision. The divorce process that follows, however, can be made easier for everyone involved if it is amicable. Conversely, a contentious divorce can be extremely stressful for the parties as well as for any minor children. If you and your spouse have made the decision to end your marriage, and you have agreed to have an amicable divorce, you may be wondering if you still need to hire an attorney? The decision to retain an attorney or not is ultimately your decision; however, a Smyrna divorce attorney explains why it is in your best interest to have an attorney on your side even if your divorce appears to be amicable.
Why Is an Attorney Needed If the Divorce Is Amicable?
You and your spouse have reached the conclusion that your marriage cannot be saved. Consequently, you are planning to file for divorce. You both agree that you do not want an acrimonious and contentious divorce. With that in mind, you are thinking about proceeding pro se, or without legal representation. Consider the following reasons why this may not be a good idea:
- Navigating the legal system – the legal system can be difficult to navigate for a novice under the best of circumstances. For most people, a divorce is hardly the best of circumstances. Trying to figure out what documents need to be filed, at what time, and with what court can be stressful, particularly when your emotions are already frayed from the divorce itself. Having an attorney on your side means you won’t need to worry about navigating the system at all. Instead, your attorney will handle all of that for you.
- Making costly mistakes – hopefully, your spouse continues to care enough about you that he/she won’t take advantage of the fact that you are not represented; however, proceeding through a divorce without having the benefit of counsel often leads to costly mistakes, whether made intentionally or not. If you are unfamiliar with Tennessee family law (as is probably the case) you could end up losing assets in the divorce to which you are legally entitled, paying more in child support than is necessary, or missing out on child and/or spousal support to which you are entitled.
- The tone may change – your divorce may start out amicable – and hopefully it will remain that way. All too often though, the parties start the divorce process with the best of intentions to remain amicable but then end up as adversaries. There are a number of reasons why this happens, most of which are irrelevant. What is relevant is the fact that if your divorce turns acrimonious at some point, and you have been representing yourself up to that point, you will be at a significant disadvantage going forward. It is always better to have an attorney on your side and not need him/her than to not have an attorney on your side and need one.
- Keeping your distance – going through a divorce is an emotional time period, even if everything remains amicable. The more directly involved you are in the preparing and filing of documents, and other routine aspects of the divorce process, the more you are likely to be affected by the divorce. Keeping your distance, by allowing an attorney to handle the day to day aspects of your divorce, will likely be much healthier for you and you may find that the divorce process is less traumatic for you.
- Protecting your rights – ideally, you and your spouse will be able to reach an amicable out of court settlement that resolves all issues in the divorce. You should, however, know all your rights and know what you may be entitled to in the divorce before agreeing to any settlement. Only an experienced Smyrna divorce attorney can protect your rights and ensure you are aware of what you are entitled to in the divorce.
Contact a Smyrna Divorce Attorney
If you were are contemplating a divorce in the State of Tennessee, it is in your best interest to consult with an experienced Smyrna divorce attorney at Bennett, Michael & Hornsby as soon as possible to ensure that your rights are protected. Contact the team today by calling 615-898-1560 to schedule your appointment.
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