Do I Need To Get An Attorney For My Divorce?

Lately I have been doing a lot of consultations simply providing people with preliminary information and advice, however I have also been helping people fix some of the problems that were created in their initial divorce. Sometimes the problems are created by lack of legal counsel in the initial divorce proceeding. Often times people ask me whether they actually need to have an attorney represent them in their divorce, and the simple answer is that you never really "need" an attorney and there are some cases which simply don't warrant the cost. If you are asking yourself whether or not you need an attorney here are five simple things to ask yourself before you go ahead with the divorce proceedings on your own:

1. Do I understand all the forms that I need to file in order to proceed without an attorney.
2. Do my spouse and I have children?
3. Do my spouse and I have large assets, pensions, 401(K)s and/or liabilities that need to be divided?
4. Are my spouse and I going to be fighting over any aspects of our divorce that may require Court intervention and guidance?
5. Do I have questions about whether I am agreeing to do something that I'm not legally obligated to do or waiving something that I may be legally entitled to?

If you answered yes to any of the questions above, it is in your best interests to at the very least consult with an attorney. Sometimes you end up spending a lot more money on attorneys' fees and costs trying to fix something that happened in the initial divorce proceeding than paying for the attorney to start off with. I often times send people off with divorce forms if I feel that they don't need the assistance of an attorney and the following are common characteristics of a person who does not need an attorney to assist them in a divorce:

1. The parties have no children or large assets that need to be divided and/or have already divided all of their assets and liabilities;
2. The person understands all of the divorce documents and is perfectly capable of filing them out without the assistance of an attorney;
3. The person and their spouse are in no hurry and have no specific time line that they are looking for to finalize their divorce;
4. The money that it would take to hire an attorney is more than the value of the assets or debts the parties are fighting over; and
5. Alimony and child support is not at issue.

In a case as stated above, I send these people on their way and tell them that they don't need my assistance. Having an attorney is not always necessary but may be nice to have to insure that everything is done legally and properly.

Holiday Divorce Tips

There are many people out there who are going to be celebrating Christmas this year for the first time as a divorced couple. Creating ways to cope through the holidays can help make the time not only manageable, but enjoyable. This is especially true in the event that you have children. Here are a few helpful tips.

1. Make new traditions. There is no time like the present to create new traditions with your children, especially if it is not your year to have them on Christmas Day itself.

2. Surround yourself with family and friends. Now is not the time to be alone. Fill your calendar with events and don't pass up the opportunity to attend a party or two.

3. Make New Years Resolutions that you can actually stick to.

4. Don't make your children feel sorry for you if they are not spending the holiday with you. It will be hard enough on your children to be without both parents for Christmas, so its important not to project your feelings on them.

5. Don't spend money that you don't have. Retail therapy is not only a bad idea, it can provide you with a great deal of buyer's remorse in the new year in the form of high credit card bills.

6. Stay away from excessive eating and drinking.

7. Keep expectations reasonable.

8. Make time for yourself. Its easy to get caught up in what you can do for everyone else around the holidays. Taking some time for yourself can help you keep your sanity.

9. Take a break from the divorce madness. If your divorce is not yet final, take a break from litigation and animosity.

10. Remember that "this too shall pass."

Dos and Donts in Orange County Divorce

There are plenty of articles on the web about the dos and donts in divorce, but rarely do you get an article that is straight from family lawyers and judges that are in your particular state and county. The following article is from the Orlando Sentinel which contains horror stories and "fyis" from Orange County judges and family lawyers.

http://www.orlandosentinel.com/services/newspaper/printedition/monday/goodliving/orl-divorce08may26,0,1009600.story

Getting A Good Divorce

Every now and then I come across articles that provide really good information and advice on how to help people get through a divorce with the least amount of angst. The following article provides practical advice on this very subject and is worth the read.

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/14/AR2007121402038.html