If my husband and I want an amicable divorce, do we each need a lawyer?

Asked on July 22, 2015 under Family Law, Pennsylvania


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

More and more jurisdictions are making it easier for couples to file amicable divorces by providing the basic forms needed for a divorce action.  If you are in a jurisdiction that offers these types of forms, then it's possible to complete the entire process without an attorney.  Simply contact the clerk of the court to see what forms, if any, are available in your jurisdiction.  Sometimes, they will even be available online-- via the clerk's website.

The petition is the document that starts the process, but you still need to enter a final order which declares you and your husband divorced and decides all of the issues regarding property and kiddos.  You can use an online form for this as well... but if you have any property to divide (house, car, retirement...) then you may want to consider hiring an attorney to reduce any agreements to writing.  The attorney doesn't have to represent either one you... just draft the final order so that each of your property interests are protected.  This is much cheaper and faster than full representation.

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