Can I just get a packet of free divorce or custody forms? Do I need a lawyer?

Many times people find themselves asking these questions.  At a minimum, you need to do some research.  Now that the internet has become an integral part of our lives, there is information available to a regular joe that we never had access to before.  Look around on the internet, get some information, and then ask yourself this question- If I’m wrong about this, can I live with the consequences? 

Hindsight is always 20/20, but generally, the law expects us to live with the consequences of the agreements we make, for better or for worse.  Many times people sign forms from divorce or custody “packets” without the advice of a lawyer, reasoning that they can always go back to court later if they need to.  Unfortunately, people are sometimes shocked to find that they gave their ex-spouse or significant other sole custody of the children when they thought they were receiving shared parenting.  In the law, words matter.   In addition, the law places the burden of understanding the legal meaning of the documents on the person who signs them.   The more you have to lose, the less you can afford to take chances.

You are rarely required to have a lawyer.  Generally, you are free to represent yourself in court.  In addition, you don’t always need a lawyer.  There are many things in family law that you can do without a lawyer.  For example, you do not need a lawyer to get a marriage license.  Most of the time, you do not need a lawyer to change your name.  You don’t need a lawyer to file for a protection order if you are a victim of domestic violence.  Many people are able to handle their legal matter to their satisfaction without an attorney.

If you are not sure if you need an attorney, consider arranging a consultation.  Remember, a consultation does not mean that you are agreeing to hire a lawyer.  It means that you are paying for a block of an attorney’s time in order to ask questions and receive information about the law.  Some attorneys offer free consultations, many do not.  What is most important is the quality of information you receive during your consultation.  A consultation is not simply an “audition” for the lawyer.  You are entitled to receive information and answers during that consultation, even if you cannot afford to hire a lawyer.  The information you receive during this consultation will help you make some very important decisions. 

Your time is valuable.  If you are going to take the time to meet with an attorney, you want to get all you can from that time.  Make a list of questions you would like to ask or topics you would like to discuss.  Take the time to take notes.  If you have previous court or administrative orders that in any way might relate to your case, bring a copy with you to the consultation.  Otherwise, the advice you receive may be useless because the attorney was not able to review your current court orders.  If you don’t have a copy of your court order, you can get one from the clerk of court in the county in which your orders were issued, or from the agency that issued the orders.  You will be receiving a lot of information in a short period of time, and you want to remember it all.  Depending on the subject of the consultation, you may want to consider bringing a friend or family member with you to the consultation.

The information provided in this web site is applicable in the state of
Ohio and is provided as a public service. While Virginia Cornwell is a Columbus Ohio Divorce Lawyer and a Columbus Ohio Custody Attorney, viewing the information in this web
site does not constitute an attorney-client communication, and acting upon
information obtained from this web site does not create an attorney-client
relationship. If you would like to discuss the application of the law to your
fact situation, or if you would like additional information, please call the Law
Offices of Virginia C. Cornwell at 614-225-9316 to schedule a consultation.

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