First, filing for divorce is usually a difficult decision to begin with. Therefore, filing for divorce on your own and without a lawyer can make the process more difficult by way of simply being unable to navigate the system and ensure your compliant with what is required. However, as to the question, do you need to hire a lawyer for divorce, the short answer is no. There is no requirement that anyone have a lawyer to proceed with a divorce in the State of New Jersey. However, also in New Jersey, people or litigants that are self-represented are held to the same standard as lawyers when it comes to filing requirements, time deadlines, trial submissions, and trial itself as well as many other aspects of the divorce. Therefore,while you do not need to hire a lawyer for your divorce, depending on what is at stake, the reality is that the divorce process, even in somewhat amicable divorces, can be made quite difficult and can become quite costly in the absence of hiring a lawyer. Very often client’s use Google or other resources and believe that is the law, when, it’s not the law itself, but it’s application of the law that you need to be aware of and this comes with the experience family law attorneys get from being involved in these types of matters day in and day out.

What we often hear as family law attorneys is “this is an easy divorce” “we pretty much agree on everything” and without fail, it all falls apart.  This is because it is very often that our client’s perception of easy, fair, amicable or uncontested simply do not correlate to the law or the reality.   Even if one issue remains open or “close” but not resolved, there is no agreement and there is no uncontested proceeding offered at that time.  Therefore, the process begins, the parties think they are close, and mistakes are made that then make it difficult for an attorney to come in and “fix” it.  Given the nuances in agreements which seem irrelevant but are in fact necessary, and given the complexity of some of the issues which at first glance seem simple but are not, there are many chances to make major mistakes during this process if going through it without a lawyer.

Even in those cases that are in fact simple and easy to resolve, an experienced divorce lawyer can simplify the process, ensure all avenues are covered, and expeditiously get an agreement signed and a date for the final hearing.   Again, absent a fully signed and executed agreement, the matter is not considered “uncontested” and will in fact move forward as a contested matter until such time there is a signed agreement submitted to the Court.   

This is not to say that you need to hire a divorce lawyer to wage a war or hire a “shark” which we often hear.  Rather, the true need for an experienced family law attorney is to shorten the process if possible, narrow the issues, and work together with opposing counsel in an attempt to resolve all issues without the need for extensive and expensive litigation.   Hiring a lawyer is not and should not be used as a “threat”, rather, it should be considered as an avenue to ensure fairness to everyone involved and a smoothness to what can become incredibly difficult especially when there is an emotional stake as there almost always is during the divorce process.  In sum, hiring a lawyer for your divorce is not a “power” move, rather it is a move designed to eliminate or reduce the emotions involved in a divorce, ensure proper application of the law and protection of your rights, and navigate the system with ease.      

If you are thinking about divorce and/or ready to move forward in your divorce, it is advisable to seek legal counsel trained and experienced in family law matters. Kelli M. Martone, Esq. is equipped and experienced in handling all aspects of divorce. Contact Kelli at (856) 617-6700 to schedule a consultation.