Published on February 8, 2023 · 5 min read
33% of the respondents hired a lawyer because they didn’t feel comfortable without one
25% did so because they wanted to get the best outcome for their case
24% said that they thought it would make things easier
Data from other survey sources also show that one of the benefits of working with an attorney is positive case outcomes, especially in more complicated cases that involve issues like spousal support and child custody.
For example, one survey looked at custody cases where both parties had an attorney, one party had an attorney or neither party had an attorney. When both parties had an attorney, 74% were “extremely” or “moderately” satisfied with the outcome, whereas only 59% of people who didn’t work with an attorney reported the same levels of satisfaction.
Another empirical study measured the benefits of working with a lawyer when seeking spousal support. Spousal support was awarded in more than 77% of cases where both the husband and wife had an attorney, but when neither spouse had an attorney, that percentage dropped to 10%.
The fourth reason our survey respondents hired a lawyer was because their spouse already had one. Many people in this situation fear that if they don’t also have an attorney, their spouse will get an unfair advantage when it comes to dividing assets, child custody and more. There’s data to back this up too.
The spousal support study showed that support was awarded in only 12% of cases when one party had a lawyer, versus 77% of cases when both parties had counsel. And in the custody survey, when both parties had lawyers, 86% of cases settled out of court, but when only one party had a lawyer, 63% of cases settled.
While the upfront price of hiring an attorney appears to cost more than self-representation, those who represent themselves and don’t have any legal training can make mistakes that end up costing them time and money.
Self-represented parties can struggle to correctly read complicated legal documents and complete accurate financial disclosure forms, and they don’t have an attorney’s strategic insight about how the legal system works.
If you’re dealing with a sensitive divorce that involves a restraining order or domestic abuse, working with an attorney may increase your psychological sense of safety. Furthermore, if your case goes to court, it may help reduce the emotional burden if your lawyer can speak to your former partner on your behalf rather than you dealing with them.
If your case is uncomplicated, you may not need to proceed with a divorce lawyer. If you don’t have children or significant assets and are on good terms with your spouse, you may be able to file on your own.
Still, you still need to complete and file all necessary documents required to obtain a divorce, as well as attend court hearings, so hiring an attorney can help ensure that you do everything correctly and understand the process and procedures.
Additionally, if you have children under 18, if one of you earns significantly more income than the other, if one of you is seeking spousal maintenance or child support, or if the marriage lasted a long time and assets feel almost inextricably bound, you’ll likely benefit from hiring professional representation for all of the reasons listed above.
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