In Connecticut a divorce, there is no requirement that either spouse be represented by a lawyer. In fact, the family court tends to see a great number of self-represented litigants.
You may not need a divorce lawyer if:
- There are no children who are issue of the marriage;
- If there are children, the parents agree on a Parenting Plan;
- It is a short marriage;
- There are little or any substantial assets;
- There is a prenuptial or postnuptial agreement and both spouses agree that the terms of the agreement will become part the final divorce judgment.
On the other hand, there are cases where retaining a lawyer is essential.
You would greatly benefit by hiring a lawyer if:
- The other spouse has a lawyer;
- The marriage is longer than 10 years;
- There is a disagreement over custody and visitation;
- There are significant assets including real estate and retirements plans;
- The spouses have accumulated assets together;
- There are “collateral” legal proceedings such as bankruptcy, criminal cases, DCF involvement or immigration issues;
- Inheritance claims;
- The other spouse has mental health or substance abuse issues or there has been domestic violence in the marriage;
- You are unsure as to what the true financial condition of your spouse is including the potential that there are hidden assets;
- You seek to avoid the enforcement of a prenuptial or postnuptial agreement;
- The case is heading to trial.
A few other thoughts.
Even in a relatively straightforward case, some spouses prefer to have an attorney prepare and file documents as well as handle matters with the other spouse. It reduces stress at a time when emotions typically are running high.
Some attorneys will agree to assist on a limited basis but not appear in court. For example, you might retain an attorney to act as review counsel for advice concerning a Separation Agreement.