Do I Need a Divorce Attorney?
Divorce is a major life transition, and one
of the first questions many people ask is whether they need to hire an
attorney. While Georgia law allows individuals to file for divorce without
legal representation, known as proceeding pro se, that choice comes with
important risks and considerations. Understanding the benefits of hiring a
divorce lawyer can help you make an informed decision to protect your future.
Can You File for Divorce Without an Attorney?
Yes, a person can file for divorce in Georgia without an attorney. Some courts even provide forms to help pro se litigants get started. For those individuals with an uncontested divorce, where both spouses agree on all terms of the divorce (property division, custody, and support), self-representation may be straightforward and cost-effective. The primary advantage of proceeding pro se is to save on legal fees.
However, Georgia courts hold pro se litigants
to the same procedural and evidentiary standards as licensed attorneys. Judges
are not permitted to provide legal advice, overlook mistakes, or rewrite
deficient filings. This is where many self-represented parties encounter
problems.
The Hidden Risks of Proceeding Pro Se
Pro se litigants frequently make mistakes
that can delay or seriously harm their cases. Common issues include failing to
complete or file the correct documents, missing deadlines, neglecting to submit
required pretrial orders, or not responding properly to discovery requests.
Errors like these can result in dismissed claims, unfavorable rulings, or
unnecessary delays.
Additionally, presenting evidence at trial
requires familiarity with the Georgia Rules of Evidence. Many self-represented
individuals struggle with questioning witnesses, admitting documents into
evidence, or clearly presenting their arguments. Even well-prepared cases can
falter if procedural rules are not correctly followed.
How a Divorce Attorney Helps Protect You
Hiring an experienced divorce attorney
provides professional guidance through every stage of the process. An
experienced family law attorney will understand Georgia divorce law, local
court procedures, and how to present evidence effectively. If your case
involves contested issues such as child custody, alimony, or complex asset
division, legal representation is especially important.
At M&T, we have handled hundreds of
Georgia divorces. While this may be your first divorce, it is not ours. We are
familiar with local judges, opposing counsel, and the procedural requirements
which can make or break a case.
Cost-Conscious Options Without Cutting Corners
While hiring an attorney is an investment,
cutting costs the wrong way can be far more expensive in the long run. To meet
different needs and budgets, M&T offers flexible pricing options, including
an Online Divorce Forms Package for self-filers, M&T Assisted services
where we draft and file documents for you, Model M&T flat-fee, payment-plan
options, and traditional representation.
Contact M&T today to schedule a free
telephone consultation with an experienced divorce attorney and discuss the
approach that best fits your case.