Do I Need a Lawyer for My Divorce in North Carolina?

For many spouses, one of the most daunting aspects of a North Carolina divorce is hiring a lawyer. Many are wary about the cost of hiring a lawyer. Some might have had poor experiences with attorneys in the past. Whatever the case may be, many wonder whether it is possible to navigate a divorce without a lawyer at all. What if you feel confident in your ability to conduct legal research, represent yourself in court, and handle this entire process without ever paying someone else to do it for you? Is this even legal or possible?

First, you should know that you are entirely within your rights to proceed without assistance from a lawyer. No law in North Carolina states that you must hire a lawyer in order to navigate a divorce. With sufficient legal research, it is theoretically possible to go through a litigation or alternative dispute resolution process without ever hiring a lawyer.

There is only one exception to this general rule. If you choose to resolve your divorce through a process called “collaborative law,” you must hire your own lawyer. Collaborative law (also known as “collaborative divorce) is an alternative dispute resolution (ADR) method that involves private negotiations. It is similar to arbitration and mediation in that regard.

What sets collaborative law apart is the fact that it is not guided by a single mediator or arbitrator. Instead, each spouse hires their own “collaborative divorce lawyer” and brings them to the negotiation table. These collaborative divorce lawyers guide discussions and suggest compromises while still representing the best interests of their clients.

Because collaborative law attorneys guide these discussions and act as the “referees” of the negotiation process, it is impossible to proceed without first hiring your own lawyer.

Note that collaborative law offers numerous benefits that spouses might want to consider. If you’re reluctant to hire a lawyer for your divorce because of the costs involved, you should know that collaborative law is generally much more affordable than litigation. Even though you might need to spend money on a lawyer, the overall cost of this process will almost certainly be lower than a “divorce trial.” This saves you money when you consider the “bigger picture.”

You might assume that since arbitration and mediation are guided by arbitrators and mediators, you do not need a lawyer. While it is true that these neutral third parties guide the discussions, a lawyer could still be helpful. For example, a mediator might suggest an outcome that seems positive at first glance. However, your lawyer might inform you that the outcome has major tax implications. If you do not have an extensive legal background, it might be impossible to assess the suggestions that mediators make.

The same logic applies to arbitration. The difference is that an arbitrator will not make “suggestions,” but rather issue legally binding decisions. This raises the stakes considerably, and it may help to work with a lawyer during this process. A lawyer can help you present evidence and make arguments that will convince the arbitrator to make decisions that are favorable to you.

When it comes to litigation, working with a lawyer is arguably even more important. While ADR processes are relatively informal, a full-on divorce trial involves various steps, requirements, and rules that can be incredibly confusing to those without sufficient legal knowledge. For this reason, the general consensus is that hiring a lawyer is the most logical choice if you are approaching a contested, litigated divorce. Even a small mistake during a divorce trial can have dire consequences.

By now, you may be concluding that working with a lawyer is probably the most logical choice when approaching a North Carolina divorce. If you are still on the fence, why not schedule a consultation with one of these attorneys to learn more about the process ahead? There are no obligations associated with consultations, and you can choose not to work with a lawyer after meeting with them. However, these conversations may give you a more accurate sense of what to expect in your upcoming divorce. Continue this discussion with Arnold & Smith, PLLC, today.