Is a divorce lawyer needed if both partners agree on everything?

A common question that many people have is when facing divorce is, “If we’re in agreement on everything, do we even need to hire a divorce lawyer?” And the answer to that is going to be, “It depends.”

Divorce is a legal process. You will have to file a petition in the proper county to get things started, and there are many issues that need to be decided as part of the divorce decree. Then the actual divorce decree is the final document that will need to be entered.

Here’s how an attorney can help:

When you go to finalize your divorce, a divorce lawyer is going to help you with the filing of the petition.
The divorce lawyer is going to help you decide all the issues that you need to agree on, both property issues and issues regarding children.
A divorce lawyer is going help you draft the decree.

Now, if you both are in agreement on everything, then you probably don’t both need to hire attorneys. You can decide between the two of you which one will hire a lawyer. Keep in mind, however, that only one party can be represented by one lawyer. So the lawyer cannot represent both of you. And that can be really confusing too. A lot of people think, “Well, we’ll just hire one lawyer,” but that’s not ethical.

If you decide to go this route, and one of you hires the lawyer, then that lawyer will draft the petition, take care of the filing, help you navigate the decisions and draft your final decree, and then submit the decree to the court.

Can you do this process on your own? You absolutely can, and a lot of people will look into other resources. There’s a website called Texaslawhelp.org, which has all the forms that you need and can walk you through the e-filing process.

So yes, it is possible to get divorced without a divorce lawyer. But if you have any questions about your rights, about your responsibilities, about, for example, how one of you is going to buy the other one out of a house or how you will divide retirement accounts, hiring a lawyer can be really smart in the long run. The lawyer will help make the process much more efficient and make sure that the deal you all have agreed on is the deal that actually gets presented to the court.

preachyj

2024-03-28

Family law isn’t just about divorce, and the team at Hargrave Family Law gets that. The transition through the tumultuous period of my life was vastly improved by their professionalism and care for their client. Can’t recommend highly enough.

Rebel Robertson

2024-03-27

The Hargrave Family Law firm provides all of the services and resources that anybody would need during the divorce process. The legal advice is first rate, and the staff checks in regularly to update you on the process. There are also staff members who call just to check to see how you are doing during the process. That is a comforting feeling when you have such a deep bench at your disposal during the most gut wrenching time in your life. The firm also works with other attorneys in a more collaborative way to reduce costs and complete the process smoothly. Highly recommend.

Alexandra Geczi

I am a fellow family law attorney in Dallas, and I've known Jennifer for almost two decades. I've been impressed by her knowledge and experience in family law. We first met through a collaborative law group, then shared cases together as opposing counsel. Because of Jennifer's professionalism, we were able to settle our cases and help our clients move on. I've also come to know Jennifer as a friend and colleague to brainstorm divorce strategy and cases with. She is smart, empathetic, and easy to work with. I'm also familiar with several attorneys and staff on her team and think highly of them as well. I've referred cases to Hargrave Family Law in the past and will continue doing so.

Amy Berry

2024-03-19

Exceptional legal representation Jennifer Hargrave and her team! From the moment I engaged with Jennifer and her team, I felt confident that my case was in capable hands. Their attentiveness and dedication to understanding my needs and wants were evident throughout the entire process. What truly sets Jennifer apart is their creativity and willingness to navigate uncharted territory. They approached my situation with innovative solutions, which ultimately led to a resolution where all parties emerged victorious. This outcome was unprecedented, and the sense of satisfaction it brought me was beyond measure. I cannot recommend Jennifer highly enough. If you're seeking legal representation that goes above and beyond, look no further. Thank you to Jennifer and her incredible team for their outstanding work! AB

Erika Kolenich

2024-03-06

Jennifer Hargrave is a true professional. She puts the needs of her clients first and cares about the outcome for each and every client.

Jamie Robledo

2024-01-14

A place who truly cares about their clients and where you are not just a number to them. Highly recommend for anyone who wants an attorney with heart, compassion, patience and understanding.

Tom Carse

2023-12-29

i can honestly say the attorney you hire ought to be based on their skill, reputation, results and quality of their support staff. Ask other lawyers you respect for recommendations I did and experienced the equivalent of hitting a home run! It also helps when your soon to be ex-spouse hires someone less skilled and more interested in pushing for a settlement as opposed to doing the heavy lifting that best benefits their client. I highly recommend Misty Cole with Hargrave and Associates

Matt Sieber

2023-11-30

Great people, wonderful experience! Thanks for all your help :)

Cassidy Bennett

2023-11-17

My team has been working with the Hargrave Family Law team, led by Jennifer Hargrave, for 5 years now. This is a great divorce & family law firm. The team is compassionate and service focused; they work hard to find solutions for their clients.

Do I need a divorce lawyer if we agree on everything?

An Attorney Makes The Process More Efficient

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