Do You Need a Lawyer for Family Court in PA?
Family Law
With a potentially costly divorce ahead of you, the last thing you want is another expense. However, choosing not to hire a family court lawyer can end up costing you in Pennsylvania. The legal code is complex, so it pays to have a skilled family law attorney on your side.
Are Lawyers Required in PA Family Court?
Under Pennsylvania law, there is no requirement that you have to have a lawyer in family court. You are allowed to represent yourself, and this is called acting pro se.
However, it’s generally not the best idea to represent yourself. The legal code is so complex that it takes attorneys years of studying in school to understand it. If you don’t have the same legal background, it can harm your case. Additionally, it pays to get a second opinion when you’re dealing with something as emotionally heated as a divorce or child custody dispute.
When Do You Need a Lawyer Most?
Although hiring a skilled attorney is a useful decision during any aspect of the family court process in PA, there are certain situations where it is especially important. Any time there is a lot of conflict, significant financial issues, or a history of abuse, you’ll want to reach out to a skilled attorney.
For example, custody cases and divorces often involve a lot of conflict. When there are disputes involved, it pays to have a professional attorney on your side to present evidence, talk to witnesses, and argue your case. You don’t want a dispute over physical custody or alimony to be dealt with without the advice of a legal expert.
Similarly, you’ll want to get professional help if you’re requesting or defending against a Protection From Abuse (PFA) order. For both sides of the case in this instance, the stakes can be incredibly high, so you don’t want to risk the outcome.
Finally, it’s always a good idea to have professional legal help in a child support dispute. For example, you may need help determining the arrears, calculating income, and making sure the other side pays their fair share.
When Do You Not Need a Lawyer in a Family Law Case in PA?
While there is always a benefit to having a lawyer, there are a few situations that are better suited to self-representation. For example, uncontested divorces are times when both spouses agree on the division of property, custody, and support. Because of this, the paperwork tends to be much easier to navigate.
In straightforward custody cases, you may be able to handle the paperwork as well. If both spouses agree, then the custody agreement is fairly easy to file.
If hiring a lawyer causes you financial hardship, getting help may not be an option. However, you may be able to ask for help from a legal aid organization, depending on what type of options are available in your area.
The Risks of Navigating a PA Family Court Case Alone
Family court decisions can lead to a lifetime of repercussions. For example, judges tend to prioritize continuity in a child’s life. If they initially decide to give primary custody to the other parent, all of their future decisions will be swayed toward keeping the child with the other parent because that decision supports their ongoing stability and continuity.
Whether you have an attorney or not, Pennsylvania judges will expect you to follow the law. If you represent yourself, you may miss important legal nuances or not realize that key evidence needs to be presented. For anyone who isn’t used to it, courtroom procedures can also be complex to navigate.
When your future finances and the custody of your children are at stake, you don’t want to go it alone. If you are unable to afford an attorney, your county may have legal aid organizations, like Pennsylvania Legal Aid Network (PLAN). Often, the court will have self-help centers with the forms you need. You can also ask an attorney to help you on specific tasks, such as reviewing your documents, instead of using them for the entire case.
Prepare for Your Family Court Case
While you don’t legally need a lawyer in Pennsylvania family court, it would be a mistake to proceed with a high-cost, high-stakes case without one. With a quick consultation, you can gain insight into the type of evidence you’ll need and which forms need to be filed. Your family law attorney can help you work toward the best outcome.
To learn more about our family law practice in Newfoundland, reach out to the Clause Law Group today.
