There is no requirement in the State of Indiana to hire your own divorce attorney just because your spouse has one, but it is highly recommended that you do so. While it is true that no one knows your marriage better than you and your spouse, when it comes to divorce, emotions and tension can run high and having legal counsel on your side can help keep you navigate through the proceedings.
First and foremost, having your own divorce attorney will ensure that you have someone in your corner. Attorneys have the ability to subpoena documents, gather detailed information, and learn more about your marriage in order to negotiate a favorable division of assets, resolve potential custody disputes, and address any other relevant matters, while also preparing for a final divorce hearing. Even in divorce cases that are amicable, it is recommended that you have your own attorney, because your spouse’s attorney represents your spouse and cannot represent you, and therefore, he/she is going to have your spouse’s best interests in mind. Having your own divorce attorney will allow you to make sure you are not getting taken advantage of.
Having an attorney on your side during a divorce also gives you an advocate on your side. A divorce is an emotional, overwhelming, and draining process, but having a divorce attorney allows you to have someone who can fight on your behalf, while not being as emotionally invested as you are. It can be very difficult to navigate through a divorce when life savings are at stake, and when custody is being determined, so having someone who is not a party to the case can help you see the forest through the trees.
Finally, hiring an attorney will allow you to keep your focus on yourself, your family, and your work, rather than spending time interpreting statutes and completing legal paperwork. Retaining legal counsel may be an additional cost in your divorce proceedings, but ultimately it can save you time and stress. Whether you want to learn more about the process of hiring a divorce attorney or are ready to take that step, contact the divorce lawyers at McNeely Law LLP today at (317) 825-5110 to talk to a family law attorney who can help you navigate through your options.
This McNeely Law LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.