As a father, you possess a specific set of rights in divorce proceedings. Among those rights is the ability to represent yourself in such a proceeding, without the aid of legal counsel. However, due to the complexity of divorce law and procedures--and the importance of your rights--hiring an attorney to represent your interests likely is a wise course, according to the American Bar Association Section of Family Law.
Types
Whether or not he is represented by a divorce lawyer, a father possesses a variety of rights in divorce proceedings, according to Cornell University Law School. These include the right to seek custody of his children as well as the ability to obtain visitation or parenting time in a case where the mother wins primary custody of children. If a father receives primary custody, the right to receive child support payments from the mother attaches.
Time Frame
A father's rights in divorce proceedings attach immediately when the case is filed, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. Therefore, in order to ensure the complete protection of your rights, hiring an attorney before you file a divorce case, or immediately upon hearing a case is filed against you, is the wise course to take. Steps must be taken immediately upon the commencement of a divorce case to protect your rights and further your interests.
Choosing a Divorce Lawyer
Selecting a private attorney to assist you in protecting your rights as a father is a challenging task. Of course, the first issue is ensuring that you possess necessary funds to engage such representation. Another issue is selecting a lawyer best able to meet your specific needs in your divorce case. The American Bar Association provides consumers with resources to assist in locating and retaining attorneys in divorce cases. These include contact information for state and local bar associations. Local and state groups maintain directories of attorneys in your area that provide representation in divorce cases.
Financial Concerns
If you are unable to afford a private attorney to protect your rights, that does not mean that you must proceed with a divorce case lacking representation. Across the country, a variety of organizations exist--including legal aid societies and law school clinics--that provide pro bono representation. "Pro bono" means that these attorneys undertake representation for no charge. The American Bar Association maintains a directory of these organizations across the United States.
Misconceptions
A common misconception is that divorce law is not particularly complicated, that divorce proceedings are easy to master. In fact, the opposite is the case, according to "The Complete Divorce Handbook: A Practical Guide." Additionally, divorce cases usually are emotional endeavors. Therefore, multiple reasons exist for not representing yourself in this type of case.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
- American Bar Association: Section of Family Law
