While filing for a divorce may seem like a simple process, strategy of how to approach a case starts before any documents are ever filed with the Court.   While some people may try to go through the family court system without an attorney, they often find themselves at an attorney’s office after documents have been rejected by the court, after the Court has ruled against them or even when the divorce has been final because they left out important details regarding their property settlement and the damage has been done.  Sometimes attorneys cannot fix a party’s mistake who represented themselves because it is too late and the divorce is final and the errors made by the parties’ cannot be corrected.  Many people don’t know the steps that need to be taken to divide retirement accounts, what is sole and separate versus community property, or the many issues surrounding how to completely remove someone’s name from the house. There are also many provisions to consider in developing a good parenting plan and what experts the court can appoint to assist in facilitating co-parenting.  While it is ideal for the attorney to step in at the beginning of the case to ensure that the case proceeds correctly, he/she can step in at almost any point during the process of a family case,it does not always have to be at the beginning.   It is highly encouraged that every party in a family law case should, at a minimum, have a consultation with an attorney to find out about their particular divorce, custody or support case. It is wise to obtain legal advice regarding the particular facts in your own situation that may affect your case.  A consultation will help you determine whether or not you believe you need an attorney to represent you.  Remember, not every family is the same.  Just because it happened to your neighbor does not mean it will be the same for you.

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice about your own particular situation, please feel free to contact Sheri Shepard at 480-461-5342, log on to www.udallshumway.com or contact an attorney in your community.