Do I Need a Lawyer to File for Divorce, or Can I Do It Myself?
Yes, you can execute a Do-It-Yourself (DIY) divorce. You are also not legally required to have a lawyer when you file for divorce in Tennessee. That being said, it is in your best interest to have a divorce attorney in Tennessee review your paperwork and any agreements with your spouse or at least discuss your situation with an attorney.
It is also vital to note that, in certain situations, it is highly recommended that you work with a divorce lawyer. So, how do you know whether you need a divorce lawyer? Here’s how.
When You May Not Need a Tennessee Divorce Lawyer
If you are getting an uncontested or no-fault divorce, you may not need an attorney if the following apply to your situation:
- No minor or disabled children.
- You don’t own a business with your spouse.
- No significant marital assets.
- You agree that ending your marriage is best for everyone involved and how you will divide your marital property.
While you don’t need a lawyer, you can take advantage of the free initial consultations that competent Tennessee divorce attorneys offer so you can address any potential issues and ensure your legal rights are protected. You should also consider having an attorney assess the divorce agreement to ensure you get what you’re entitled to.
In addition, if you are filing for an uncontested divorce and your spouse has legal representation, you need your own divorce attorney. Otherwise, you may unintentionally agree to some terms in your divorce agreement, not knowing that they are unfavorable and unfair to you.
When You Need a Tennessee Divorce Lawyer
If your divorce is contested, meaning you and your spouse can’t agree, you need a lawyer to advocate for your rights and protect your best interests. The law and fault-based divorce process are inherently complicated, and you must understand and follow all the requirements to ensure your divorce goes smoothly. Likewise, a Tennessee divorce attorney’s negotiating skills will be invaluable if the divorce involves child custody or support disputes, significant assets, and spousal support considerations.
There are also some situations where legal representation is a must. For example, negotiation will be impossible if there’s violence or a power imbalance between the spouses. Most importantly, if domestic violence, sexual abuse, substance abuse, or child abuse is involved, having a Tennessee divorce lawyer is a must to safeguard you and your children’s rights and best interests.
Assistance from Our Seasoned Divorce Attorneys
At Burch and Stewart Attorneys, we ensure you understand all the divorce laws and steps involved in your case and how they can impact your circumstances. Please learn more about your case and how our Tennessee divorce lawyer can help you by contacting us online or calling 931-954-1066. We offer free initial case reviews, so schedule yours today.
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