Today, we’re going to be talking about whether you need a lawyer and when you need a lawyer in a West Virginia divorce. It’s a question I get sometimes from people. Whether in fact you do need an attorney, can depend on a lot of situations. Now to begin, I think it’s always in your best interest to speak with an attorney prior to getting the process of your West Virginia divorce started. Whether you hire an attorney to help you with your case or not, is up to you. Just remember, it’s not going to hurt if you pay for one to speak with at least
Our office doesn’t charge for initial consultations at this time but some may. Even if you’re not in an area where they don’t have any free ones and those may charge, it’s still in your interest to pay a little bit might be a couple hundred bucks, maybe a little bit more, maybe a little bit less. It would be worth it to just go and speak with an attorney about what your rights and potential responsibilities are in the context of a divorce. You have too much on the line to at least not speak with an attorney. The reason you may want to speak with an attorney is because a lot of clients I have dealt with in the past were so inclined to trust their soon to be former spouse and it did not turn out well when it was time to go to court.
You have to remember that your soon to be ex has the most to lose in the divorce. It’s not going to hurt to actually go and speak with an attorney. You cannot trust your former spouse despite what the history of the relationship is despite how well you think you know them. You’re getting a divorce and there is a reason. There are some areas where it’s very clear cut that you do need to speak with an attorney and or even retain one.
One instance you may want to hire an attorney is whenever children are involved. You’re going to need and want an attorney. If anything at all is contested, then you’ll want an attorney. Another instance where you may want to get an attorney is if there’s any kind of property to divide whatsoever. Another example of where you may want to have an attorney on your side is if the other person is going to be asking for alimony or possibly could ask for alimony. In West Virginia, the issue of alimony is not at all that cut and dry. If there is an agreement and you can put it down on paper as to what the agreement is going to be, then you might not need an attorney throughout the duration of the divorce. I can tell you that you may not want to rely solely on that.
I would suggest at the minimum go and speak with an attorney to look over the agreement and to know what the chances are that the judge is going to approve the agreement. I mean there’s still risk if you’re going into court and you have an agreement because some different things can come up. Let’s say the other person has an attorney that shows up at the last minute and tries to renege on the whole thing. If this happens, then it could really cause some complications. Just remember if going through a West Virginia divorce, then it’s best to get legal advice if not hiring to help you fully though the process.
