When it comes to criminal law cases, everyone is well aware of their right to have an attorney. You may be wondering if this applies to divorce cases as well. Here is what you need to know about your rights to using a lawyer like those with the Law Office of Greg Quimby, P.C. during divorce proceedings.
You're Not Given A Lawyer For Free
One thing to be aware of is that you are not given a lawyer for free as part of divorce proceedings, since that only will apply to criminal cases. Divorce proceedings are something that someone willingly enters when deciding to end a marriage, and you must cover the cost of your own lawyer.
You're Always Allowed To Have A Lawyer
There are no laws stopping you from having a lawyer help with your divorce proceedings. Your spouse may encourage you not to hire a lawyer because they are not using one, but know that you can always hire a lawyer to help you through the process.
One thing to keep in mind is that you need to have a lawyer represent you at the time of the initial court hearing regarding the divorce. If you have not hired a lawyer, you may have to work through the rest of the divorce without one. You can ask the judge for an extension if you have extenuating circumstances, but it is not a guarantee that you will receive an extension.
There Are Only A Few Limitation On Lawyer Selection
Know that when it comes to selecting a lawyer, you are not limited to using specific lawyers for your case. If they are a lawyer that is allowed to practice law within your state, then you can use them for your divorce proceedings.
The only restriction that you may have is if there is a conflict of interest with the lawyer and your spouse. For instance, you may want to use a lawyer that has worked for both you and your spouse on a previous legal matter while you were married. You will also want to use a lawyer that is different than the one that your spouse is using and one that your spouse has not reached out to about the divorce for consultation. You'll want to find a lawyer that is neutral.
Your Spouse Can't Deny You A Lawyer Through Finances
If your spouse is trying to withhold funds from you so that you cannot hire a lawyer, know that this is not legal. Those joint assets are yours to use for a lawyer if you deem it necessary, and a spouse cannot restrict access to those funds through the divorce to prevent you from paying for legal assistance. Reach out to a judge if this is happening to you, and they can help resolve the matter.