You may be single after your divorce. However, you are not alone in your divorce, especially divorce uncontested. Your divorce lawyer will be with you! The answer to the question of whether the divorce goes without a lawyer depends on whether you are filing the divorce petition yourself or whether you simply agree to your spouse’s petition for divorce. In any case, you can’t do without a lawyer. Read in seven tips what you should know with regard to the question: “Can you divorce without a lawyer?”
- Before the family courts there is a legal obligation due to the compulsory lawyer. So you have to be represented by a lawyer if you want to apply for your divorce.
- If you are interested in a cheap and swift consensual divorce, you do not need your own lawyer to merely agree to your spouse’s application for divorce.
- Any consequences of divorce can be regulated expediently and inexpensively in a divorce consequences agreement.
Tip 1: Compulsory lawyer creates a lawyer requirement
Don’t worry: it’s not complicated. In family law, lawyers have the task of legally processing emotional issues in such a way that the court can quickly decide on the divorce and does not have to filter out what it needs to assess your divorce petition from emotionally presented issues. This is the responsibility of your lawyer. Therefore, the law justifies compulsory lawyers. Couples must be represented by a lawyer before the family court and cannot submit any applications themselves and, in particular, cannot apply for a divorce themselves. So you absolutely need a lawyer if you want to file the divorce petition in court. In this respect, there is a legal obligation due to the compulsory lawyer.
Tip 2: I want to divorce amicably. Is there still a legal requirement?
Great praise! Your decision to pursue the divorce amicably is the ideal prerequisite for handling your divorce as smoothly and purposefully as possible. With a consensual divorce, you file the divorce petition, while your spouse only needs to approve your divorce petition. For your divorce petition, however, you must appoint a lawyer who will file the divorce petition for you on your behalf at the local family court. This lawyer carries out all correspondence with the family court for you and represents you in the oral divorce proceedings. He guides and accompanies you through the procedure.
Tip 3: I just consent to the divorce. Can you do that without a lawyer?
The spouse who approves the other’s petition for divorce does not need their own lawyer and can informally declare their consent to the family court. To do this, the family court will serve him your application for divorce and ask him to explain whether he will approve your application for divorce or whether he would like to submit his own applications. Only if he qualifies for divorce disputes or wants to make his own applications, he must hire his own lawyer and pay for this independently. In this respect, he would also be required to be a lawyer. In the oral hearing before the family court, in which the court decides on the divorce, the spouse who unconditionally agrees to your divorce request does not need to be represented by a lawyer. The non-filing partner is only heard personally by the family court and asked whether he would like a divorce himself. If he answers the question simply with “yes”, the divorce date is as good as over.
Tip 4: consensual divorce without 2 lawyers
The consensual divorce is often a very good way to resolve the marital partnership. You will avoid unnecessary arguments and will not succumb to the misbelief, urge or general assumption that divorce and everything related to it must be resolved under the eyes of the court.
It should be clear to every spouse that experience has shown that two lawyers are always needed when there is potential for a dispute and an amicable settlement of the divorce or the consequences of the divorce does not seem possible. If you then really want to get into the wake of a controversial divorce, you inevitably get involved in disputes that you can hardly calculate, but which you could easily avoid with a consensual divorce and in connection with a possibly desired divorce consequences agreement. Consensual divorces usually lead within three to six months to the divorce decision, while in the worst case, in the case of a contentious divorce, you may still not be divorced after three years. The amicable divorce saves you the cost of a second lawyer. You can invest every euro you save in building your new perspective on life. Ideally, your spouse will contribute to the costs of the procedure. Although he is not obliged to do so, he should, in fairness, do so since, as the defendant, he (s) does not have to pay his own lawyer.
Tip 5: How do I settle the consequences of divorce without having my own lawyer?
The amicable divorce leads to a divorce decision. With that you are divorced. However, the court does not make any provision with regard to possible consequences of divorce that go beyond the legal consequences of the divorce or deviate from the legal standard. If you see further need for regulation or would like to make individual agreements, for example on spousal maintenance, profit or pension compensation, you should conclude an agreement on the consequences of divorce.
In it, you write down, for example, that your spouse recognizes your entitlement to post-marital spousal maintenance or that you modify the profit sharing scheme or make agreements on pension sharing. You can arrange and agree on everything that appears necessary to you or your current spouse with regard to your separation and divorce. The only requirement is that you make appropriate arrangements that do not unreasonably disadvantage any of the spouses and that you notarize the agreement with a notary of your choice. You can also seek legal advice in advance and then certify the result of the consultation with the notary.
Tip 6: What legal fees do I have to expect?
You will pay additional court and attorney fees for every petition that you file beyond just filing for divorce. You and your spouse will bear the costs. After all, he usually needs his own lawyer for this too. However, if you pursue the divorce by mutual agreement, you will only have to pay court and lawyer fees for the application for divorce and, if necessary, for the implementation of the pension adjustment. It can happen that the court reduces the procedural value by up to 30% due to the amicable divorce. This will reduce your costs.
Tip 7: how do I find a good lawyer for my divorce?
Using divorce services, you can make your divorce straightforward. Please contact Right Lawyers for more information about it. We will show you in detail which path you should take to achieve your divorce as amicably as possible. With us you can arrange a free orientation talk free of charge and without obligation. Just give us a call, arrange a suitable appointment and / or request our free estimate for your divorce.
If you have the feeling that you have come to the right address with us, you can hire a lawyer who is competent in family law and who will work reliably and trustingly with us. You can assume that you are in the right place with your choice and that you are looked after, informed and advised in such a way that you can settle your divorce as quickly as possible.
Of course, your divorce will not take place without a lawyer. In order to be able to handle the divorce with only one lawyer, you as a couple should do everything possible to bring your divorce through inexpensively and without conflict. The consensual divorce, which you ideally also apply for online as an online divorce, is exactly the right way to do this