Welcome to Family Law Tip of the Week, a regular series on our blog where we offer tips on how to go through divorce and custody disputes in an amicable way. Divorce should always be a last case resort but if you are going through it, we want to provide some tips on how to survive it.
A common question our divorce attorneys hear is: “Do we need an attorney if we don’t have anything to split?” Here are a few reasons you probably still need an attorney for your divorce matter even if there are not a lot of assets between the two of you.
First, a divorce lawyer or mediation firm will help to ensure that even meager assets are split and retitled appropriately. Unfortunately, we have become aware of situations where people tried to handle their own divorces and did not retitle all of the assets, leading to disputes many years later.
Second, it is important to have new estate planning documents drawn up, including wills and powers of attorney. This will clarify who should inherit your possessions when you pass away. Wills also dictate things like who would bring a wrongful death action if you were to pass away suddenly in a car accident or due to other injury. Redrafting your will ensures clarity about who has that right now that you are no longer married.
Third, although it may sound silly, attorneys help to ensure that the divorce is properly filed and finalized. Divorces in Pennsylvania require a number of steps, a state-required cooling off period, and more. It is important to ensure that both parties have properly complied with those steps and that the divorce is actually processed and finalized.
Fourth, if you have children between the two of you, an attorney should help you work out a written custody agreement. Even if you are going to attempt to keep custody 50/50, or if you think you have an agreement, there are still important matters upon which to decide. Attorneys can help to ensure that the custody agreement is drafted in contract form, and that the parties have considered whether or not to submit it to a judge for consideration and an appropriate order.
Feel free to reach out to our offices with any specific questions you may have in your divorce or custody action.