Divorce without a lawyer: what you need to know
Why is the lawyer so important in a divorce?
Can we divorce without a lawyer?
The answer is clear: it is not possible to divorce without a lawyer.
Why ? Here is the answer.
Why is the lawyer so important in a divorce?
The lawyer plays a very important role in the divorce proceedings. Moreover, whatever the chosen divorce procedure, his presence at the conciliation hearing before the Family Court Judge is mandatory.
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The lawyer plays three key roles in any divorce proceedings:
Role 1 - He advises his client on what it is best to do or not, he informs his client on the issues of divorce, on possible difficulties, on the applicable texts, on the various procedures available to him ( see the different types of divorce) and also the consequences of divorce (child custody, alimony, housing etc.).
Its advisory and information role is exercised both before the initiation of the procedure and during the procedure. He somehow directs the process and develops a strategy on behalf of his client based on what he wants.
Role 2 - The lawyer drafts the divorce petition. A petition can only be written by a lawyer, and it is the petition that starts the divorce proceedings.
It is also the lawyer who writes the divorce agreement (even if in law it can be written directly by the spouses), in the case of a divorce by mutual consent, the petition for divorce and the conclusions to destination of the judge.
The lawyer is also responsible for forwarding the divorce decree to the civil status office, once the divorce has been pronounced. The role of the lawyer is therefore key;
Role 3 - The lawyer represents "his" client before the family court judge of the High Court at hearings.
Or possibly "his" clients, if the spouses decide to choose the same lawyer (this concerns only the divorce procedure by mutual consent);
Given these crucial roles of the lawyer, it is very important to choose your lawyer for the divorce.
Can we divorce without a lawyer?
It follows from what has just been said that it is impossible to divorce without a lawyer. We must be wary of websites that offer a divorce without a lawyer. It's simply impossible.
Note on the special case of divorce by mutual consent. Some sites put forward the idea that a divorce without a lawyer is possible in case of divorce by mutual consent.
Yet it is a mistake: only a lawyer can file a divorce petition. In addition, all divorce proceedings - including an amicable divorce - involve a hearing before the Family Court Judge.