Do I Need to Retain an Attorney?

You do not need to retain counsel to represent you in your divorce, but you certainly have the option to if you so choose. There are several reasons that you may want to consider retaining counsel. For one, if you and your spouse are highly contentious and do not agree as to the division of assets/debts, or if there are several complex or lucrative financial assets involved, you may want assistance from counsel in properly dividing same. Additionally, you may wish to retain counsel if you are uncomfortable navigating the divorce process on your own and if you want assurance that all paperwork is drafted and filed correctly.

On the other hand, you may determine that you do not wish to retain counsel if you want to conserve attorneys’ fees and costs. Additionally, you may wish to represent yourself if you and your spouse have a simple divorce, i.e., if you are agreeable as to the distribution of assets/debts, or if the marriage is of short duration and there are very few, if any assets/debts, or if there are no minor children and therefore, parenting time and custody are not at issue.

Finally, you may decide that you would benefit from a hybrid approach where you have an attorney advising you on certain issues, but he/she is not retained as your attorney of record. In that case, you may want to consider retaining counsel on a limited scope basis wherein you would essentially be representing yourself, but you would have an attorney retained to discuss certain issues with and draft pleadings on your behalf to be filed with the court.

Regardless of the reason, retaining counsel is not a requirement- it is a choice. Each case is different and what may benefit one litigant may not benefit another. If you have questions or concerns on whether you should retain counsel, you may wish to speak with and interview an attorney or several attorneys to determine what is best for you.