Even though you are in complete agreement, you should still have an attorney assist you with preparing the papers, getting everything filed. and getting the final divorce decree. There are many details involved and it's not always as easy as it may appear.
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Are your agreements ones the court can/will approve?
Is your decree going to be enforceable later?
Do you know if you are setting up any future problems?
Unless you are 100% certain you know the answers, sit down with a lawyer.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Technically, you do not have to hire an attorney in order to get divorced. You are free to represent yourself. However, even if you and your spouse are in agreement, there are still several pitfalls that can be avoided with an attorney. An attorney can help make sure that the provisions of your divorce are enforceable and legal and that the divorce decree is drafted to reflect what you and your spouse intended to agree to. Most attorneys will take into account the fact that the divorce is agreed, rather than contested, in setting their fees and will charge you less because of that. There is a saying in the legal community that a person who represents him or herself has a fool for a client. Just because you are allowed to handle your own case without a lawyer doesn't mean it's a good idea.
You should not do it yourself. Too much can go wrong regarding children, property etc. without family law counsel, but one can only represent one of you, not both of you.
Too many times I have seen "both parties in complete agreement" only to see that years later that was not the case--that one party bullied the other or one party was knowledgeable and sophisticated and the other was gullible and trusting--leading to results that landed everyone back in court with even more animosity and new families lives to involve----bad idea overall. Agree that an attorney taking a look at each side of the equation on behalf of a single client is best all around.
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This is a frequently asked question; whether or not you need an attorney to represent you in a divorce depends on how long you are married, the size of your estate, whether there are support related issues between you, and if there may be custody/placement issues involving minor children. Many divorce attorneys offer an initial free consultation. I would suggest you at least make an initial appointment to see an attorney to see if you need an attorney and even though you think you have everything agreed upon, that the lawyer finds issues with your case that you may not have even realized, including possible complicated tax issues. The AVVO web site is an excellent tool to find a lawyer to make that consultation with, in the area you are residing in.
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