Why You Need a Divorce Lawyer: Knowing the Benefits

Colorado has hundreds of practicing family law attorneys who can represent your best interests in a divorce. Yet so many individuals forego their right to professional legal counsel, assuming they will save time and money if they just represent themselves.

This assumption is misguided. I understand client concerns regarding the length of time the process may take, how much it’s likely to cost, or both. While online searches for questions like “Do I need a lawyer for a divorce?” may provide you with general information, they cannot replace the personalized advice of a legal professional. 

“Do I need a lawyer for a divorce?” is not a rhetorical question worth entertaining. The whole point in hiring a lawyer to handle your divorce is to limit your exposure to future problems. In truth, do-it-yourself divorce representation matters are easy to mess up. 

Here are 11 reasons why you might consider mitigating your risk of future problems by hiring a divorce attorney. 

Colorado law doesn’t require divorcing couples to hire attorneys to complete a dissolution of marriage. Instead, individuals can file what’s known as a “pro se divorce.” If you file “pro se,” you are essentially your own attorney, meaning the judge will treat you like any other practicing lawyer. You will not receive special consideration if you make a mistake while representing yourself. 

While filing pro se can be less risky for some people (e.g. married less than a year, hold few assets, and have no children), everyone runs the risk of a filing error that wouldn’t happen under a divorce attorney’s watch. C.R.S. 14-10-106

Many of our modification cases are individuals who represented themselves, like this father of two: 

“If I could go back, I never would have done the divorce on my own. Less than a year after it was final, I had to hire a lawyer to fight for my parenting time. Robinson & Henry helped me get equal time with my kids, but it took the better part of a year. It was incredibly stressful, and it wasn’t cheap. If you’ve got kids, do yourself a favor and get a lawyer from the beginning. Don’t chance it. It definitely would have saved me a lot of heartache and money.” – Robinson & Henry Client

Modifying your custody, child support, spousal maintenance, and so on can be more expensive than hiring an attorney for your divorce. When you hire a lawyer to handle your divorce, you receive invaluable insight and guidance you won’t get representing yourself.

Post-decree modifications are the change requests a party makes after a divorce is finalized. While there are plenty of legitimate reasons to enter a motion to modify a divorce decree, modifications are often the result of botched agreements or unconsidered future scenarios. 

Under these circumstances, post-decree modifications are often time-consuming, involve expensive litigation, and have uncertain resolutions, especially when custody or alimony are at issue. 

Simply put, you can miss out on what your legal rights and assets are without legal representation. 

This is especially true when one spouse retains a divorce attorney, and the other one doesn’t. In this case, your outcome likely becomes even more disadvantageous as the odds become stacked against you. 

When you hire a divorce attorney, you gain a zealous ally who will advocate for your best interests and help you make informed decisions. When your ex hires an attorney, and you don’t, they stand to gain more from the divorce than you do. 

Having to give up time with your children is probably one of the most difficult consequences of divorce.

We see many spouses without divorce attorneys manipulated into giving up parenting time. You may be an excellent parent, but insecurities can get the better of you when your ex is telling the court otherwise. 

When you have a divorce lawyer at your side, you have an advocate who will educate you about your options and won’t allow you to settle on an arrangement you don’t want.

The unknown is frightening, and divorce is rarely straightforward. If you represent yourself, you risk compromising your divorce settlement by misinterpreting the law. 

Again, it could take expensive litigation to resolve what could have been an avoidable issue.

When you work with a divorce attorney, you won’t have to worry about interpreting the law because you will have someone who knows its ins and outs, which should go a long way in giving you peace of mind. 

Divorce brings with it an array of emotions. Whether it’s anger or sadness, many couples focus more on “winning” than what that actually means. 

You likely want to achieve a favorable settlement. A lawyer can help you keep your sights on the big picture, offering the necessary objectivity and perspective you need on your team to achieve a favorable outcome in your case.

A lot of paperwork needs to be filled out correctly and submitted on time. If you file on your own, you’re on the hook for missed deadlines and filing mistakes. 

An attorney can take the administrative work off your hands, prevent delays, and represent you in court. 

This type of dedicated legal representation should answer the rhetorical question: “Do I need a lawyer for a divorce?”

Restraining orders during divorce are sought for different reasons. For instance, a spouse who experienced domestic violence may obtain a civil protection order to thwart retaliatory violence. Divorce can also provoke an angry spouse to seek revenge by trying to get an unwarranted restraining order that could hurt your case outcome overall. 

In either case, your divorce attorney will help you file or respond to a civil protection order. 

As expected, not all divorces are amicable. While you can’t stop talking to your spouse, you can have an intermediary when the bickering begins.

If communication devolves into angry words, let your attorney take over. Your lawyer will communicate on your behalf, reducing your exposure to unpleasant interactions and keeping the divorce process as professional as possible.

Whether you expect to receive alimony or pay it, you want the duration and amount to be fair. Your attorney will educate you about the benefits and drawbacks of the different types of alimony in Colorado, which is technically called spousal maintenance. 

• Court-Ordered Maintenance – Generally, the court uses the state’s legal guidelines to create alimony awards based on each party’s income and length of the marriage. Either party can modify this kind of alimony under certain circumstances.

• Indefinite Maintenance – Often called ‘permanent’ alimony, indefinite alimony is typically only awarded when the marriage has lasted more than 20 years, one spouse has a disability that prevents them from earning a living, or the divorce involves individuals over 50.

• Contractual Alimony – This type of alimony is agreed upon in a separation or divorce agreement rather than through a court order. Once finalized, contractual alimony cannot be modified in family court. 

An attorney’s job is to help you determine the best approach regarding maintenance. Without hiring a divorce attorney, you may not be familiar enough with the law or adept at negotiating the alimony award you deserve. 

Alimony Calculator

Want to crunch the numbers? Use our Colorado alimony calculator to learn what your spousal maintenance payment order could look like. 

Alimony taxation on federal tax returns changed due to the Tax Cuts and Jobs Act of 2017 (TCJA). Today, alimony or separate maintenance payments relating to any divorce or separation agreements dated Jan. 1, 2019 or later are not tax-deductible by the person paying the alimony. The person receiving the alimony also does not have to report the alimony received as taxable income.

Before the Tax Cuts and Jobs Act, the person paying alimony could deduct the amount from their taxes, and the person receiving it had to claim it as income.

If you’re a spouse who expects to pay maintenance, this is a topic you’ll want to explore with the attorney you decide to hire.

High-net-worth and late-life divorces are considered complex cases. These divorces involve issues other divorces don’t, such as substantial real estate holdings, impending retirement plans, and permanent alimony considerations.

High-net-worth divorces have a lot at stake,  which can lead to one spouse trying to hide assets. If one spouse is responsible for a majority of the marital assets and financial responsibilities, the other spouse may not know what’s out there. A divorce attorney can call on other professionals to uncover hidden or forgotten assets and make sure all property is appropriately valued.

Hiring a divorce attorney is a better investment of your time and money than going it alone. The R&H family law attorneys know the intricacies of the law and the exceptions to the rules. Call (720) 797-1568 today to begin a case assessment.