McHale & Co. Solicitors Blog

Why Do I Need a Solicitor During a Divorce?

Divorce can be a traumatic time as you and your partner come to decisions about your personal lives and circumstances, such as where you live and how to deal with your finances. 

Although couples getting a divorce don't technically need a solicitor (you can represent yourself in court), this can result in drawn-out legal battles filled with acrimony, which adds to the stress of the situation. Additional anxiety can also be caused by confusion over the legal terms you are being newly exposed to, or having to face a judge without any kind of support.  

Objective support

Finding a good solicitor to represent you means that you have someone to fight your corner in court, who doesn’t have any emotional attachment to the case and so can look at the situation more objectively. This maximises the chances of a fair outcome and avoids any mistakes that could significantly affect your future. Additionally, if children are involved in a divorce, a decision about their care can be made during proceedings with the assistance of a solicitor, and support can be called upon if agreements are subsequently broken or not met.
For any divorce to be considered by the courts, a couple of points must be considered; you must have been married for at least a year and show to the court that your marriage has irretrievably broken down. This can be proven through a manner of actions, including:
  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Separation over two years
  • Separation over five years   
In practice, both you and your partner must consent to the marriage breaking down so you know whether they are going to defend the petition or not. Taking on a solicitor can make this process easier, as they can help gather relevant information, draft a petition and provide advice if any additional issues should arise. 

Divorce documentation

Also, divorce documentation has to be submitted in a particular format with very specific details included. A lawyer can provide the forms that are required, as well as provide guidance on the best way to present your petition.
If your petition and the reasons for your marriage breakdown is challenged, this could result in resentment and further turmoil. A solicitor can assist in defending your petition and negotiate a way to the middle ground without the need for confrontation, which can sometimes lengthen the divorce process, making it more expensive.
Overall, having a family law solicitor at hand can save on time and money, making your divorce as stress-free as possible, leaving you to focus on rebuilding your life and look after your family.


Categories: Divorce & Family Law
Tags: Divorce

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