Yes! But that straightforward response is misleading. It is not necessarily smart to split without a lawyer just because you can or want to. With time, you will see pitfalls you might slip into if you do not get appropriate legal assistance, even though the separation without a divorce lawyer Birmingham seems simple.
In reality, there are several possible problems associated with handling the divorce independently or without a lawyer.
Divorce and the divorce procedure
Until the spouses have been apart for two years and both consent to the divorce, several countries have a fault-based divorce procedure.
However, until that time, the person seeking a divorce must demonstrate to the court that another party’s adultery or unreasonable behavior caused the separation to last longer than two years. Or even five years if the other party refuses to sign into the divorce.
But there are dangers to this. Common ones include naming the ‘other party’ in an adultery divorce without justification (which might make the divorce more complicated than it has to be) and distressing the other spouse with unjustified, grave accusations of their unreasonable behavior.
An attorney can counsel you on your options, including if you have to name any more parties and whether conduct claims are adequate to tell the judge that the relationship has irreparably broken down.
Deciding on child custody arrangements
The most contentious aspect of divorce is this: how to make arrangements for any minor children if you have any.
A competent family lawyer can help to advise you on what settlements a court might consider suitable and, if feasible, assist you in settling out of court.
The problems in this area are the greatest. Without adequate legal counsel, parties frequently are unaware of their financial rights upon divorce.
When filing for divorce, these can be complicated concerns that shouldn’t be considered without professional legal counsel.
Furthermore, even if everything seems to be going smoothly, such as when neither party wants to file a monetary claim against the other, and there are no minor children, one side may do so, possibly years after the divorce.
In summary, it is possible to divorce without a lawyer, but doing so would include a risk that might cost much more than the lawyer’s expenses. Keep calm and hire a lawyer.