You may not need a lawyer to represent you in your disjunction case. You do have the right to represent yourself. Representing yourself is a lot economy than hiring a lawyer. However, you may be familiar with the old saying that the someone who represents himself has a fool for a client. The fact of the matter is that if you represent yourself, you potentially risk giving up foremost rights. So how do you know either you need a lawyer or not?
I advise that you hire a lawyer if you sass any of the following questions in the affirmative:
Is custody of your children disputed? Even if you are a good parent, you do not want to risk losing custody of your children. A lawyer will help you present a stronger case for custody to the court.
Has your spouse hired a lawyer? The laws and procedures complicated in a disjunction are quite complex. Do not let yourself be outmaneuvered by someone who knows the ropes. The court will not safe you when you make errors. Even in an uncontested disjunction case, do not make the mistake of thinking that the lawyer your spouse hired can represent both of you. A lawyer is ethically prohibited from representing both sides of a legal dispute (it is called a friction of interest). If your spouse gets a lawyer to draft a proposed agreement, at least reserve a lawyer to quote it and make recommend changes on your behalf.
Do you have vital assets to protect? Obviously, the more you have at stake, the more value you stand to receive from hiring a disjunction master to represent you. A lawyer will ensure that you pay only a fair amount in reserve payments and that the asset is divided fairly. An experienced lawyer can also minimize the amount of taxes you pay by structuring the asset settlement properly.
Is your spouse claiming spousal support? The area of spousal reserve is the most uncertain area of disjunction law. Alabama does not have guidelines for determining alimony, and courts sometimes come to very different conclusions about how much spousal reserve should be paid, even on similar facts. Your lawyer will help ensure that the amount of spousal reserve is fair.
Do you have a relinquishment inventory (and your marriage is 10 years or longer)? For many of my clients, their second most vital asset after their home is their relinquishment account. In Alabama, if you have been married for more than 10 years, then the quantum of the relinquishment inventory that has been acquired during the marriage can be split equally. The law concerning how these accounts should be divided is complicated. Your lawyer will help ensure that it is valued and divided fairly.
Does your souse tend to dominate you in your relationship? There is an imbalance in power in the middle of you and your spouse. If your spouse is domineering or controlling, you will be great off dealing with him or her through a lawyer.
Are there allegations of domestic violence or child abuse? Even if the allegations are not true, they can have a devastating result and must be dealt with quickly and appropriately. Do not take such serious allegations lightly.
Are you unable to quote effectively with your spouse? You will not be able to conclude things with your previous spouse if the two of you cannot communicate. You will need a lawyer to help ensure that you get a fair settlement.
Are you or your spouse self-employed? The valuation of a firm is complicated and you will need a lawyer to help with that process. Also, the amount of spousal and child reserve payments that must be paid is based on income. It is often easy for someone who is self-employed to manipulate income or to hide assets. An experienced lawyer will know how to best try to prove unreported income.
Attorney Lawyer
I identify my own bias on this issue. But, the truth is in only the simplest of disjunction cases (i.e. Very short-term marriage, no children, no joint asset and no joint debts) do I think you should think not having a lawyer. Even in those cases, if your spouse gets a lawyer to draft the proposed disjunction agreement, I advise you at least pay your own lawyer to quote it on your behalf.
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