{"id":15310,"date":"2020-02-17T06:47:22","date_gmt":"2020-02-17T06:47:22","guid":{"rendered":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/?p=15310"},"modified":"2025-11-18T12:56:33","modified_gmt":"2025-11-18T12:56:33","slug":"what-do-you-need-a-divorce-lawyer-for","status":"publish","type":"post","link":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/what-do-you-need-a-divorce-lawyer-for\/","title":{"rendered":"What do you need a divorce lawyer for?\u00a0"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.16&#8243; global_colors_info=&#8221;{}&#8221;][et_pb_row _builder_version=&#8221;4.16&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221; global_colors_info=&#8221;{}&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.16&#8243; custom_padding=&#8221;|||&#8221; global_colors_info=&#8221;{}&#8221; custom_padding__hover=&#8221;|||&#8221;][et_pb_text _builder_version=&#8221;4.27.4&#8243; text_font_size=&#8221;16px&#8221; header_text_align=&#8221;justify&#8221; header_text_color=&#8221;#c5b2b1&#8243; header_2_text_align=&#8221;justify&#8221; header_2_text_color=&#8221;#c984a4&#8243; header_3_text_align=&#8221;justify&#8221; header_3_text_color=&#8221;#c5b2b1&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221; text_orientation=&#8221;justified&#8221; global_colors_info=&#8221;{}&#8221;]<\/p>\n<h1>What do you need a divorce lawyer for?<\/h1>\n<p>&nbsp;<\/p>\n<p>\u200bNot everyone who goes to see a divorce lawyer wants a divorce. Often, seeing a divorce lawyer is your first action when you know something in your marriage needs to change. It doesn\u2019t always mean that your relationship is over. A good divorce lawyer will help you explore your thoughts and recommend other sources of support if appropriate. In <em>What do you need a divorce lawyer for?\u00a0<\/em>we take a look at the ways in which a divorce lawyer can add value to your divorce and those things that are within your remit, not theirs.<\/p>\n<p>&nbsp;<\/p>\n<p>A divorce lawyer can\u2019t tell you whether your marriage is over. That\u2019s for you to decide. If you\u2019ve read my book <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/how-to-be-a-lady-who-leaves-book-3rd-edition\/\">How to be a Lady Who Leaves, The Ultimate Guide to Getting Divorce Ready<\/a>, you\u2019ll know that I dedicate the whole first section to helping you make the decision. It\u2019s important. It takes time and consideration. And it\u2019s up to you.<\/p>\n<p>&nbsp;<\/p>\n<p>First, let\u2019s look at how you shouldn\u2019t use a divorce lawyer.<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"your_divorce_lawyer_is_not_your_therapist\"><\/span>Your divorce lawyer is not your therapist<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>Let me repeat: your divorce lawyer is not your therapist.<\/p>\n<p>&nbsp;<\/p>\n<p>If you\u2019ve followed my blog for a while, you might be thinking, \u201cOMG Emma! You\u2019re not saying that again are you?!\u201d<\/p>\n<p>&nbsp;<\/p>\n<p>Yes. I am. And I make no apology.<\/p>\n<p>&nbsp;<\/p>\n<p>However much you know it, it\u2019s likely you still fall into the trap. You pick up the phone or draft an email to tell your solicitor about every little thing your ex has said, done or not said and done. Now don\u2019t get me wrong, there are times when this <em>is<\/em> appropriate.<\/p>\n<p>&nbsp;<\/p>\n<p>If you are trying to establish a pattern of behaviour to support an injunctive application (think non-molestation or occupation order), that\u2019s the right thing to do \u2013 it\u2019s evidence. If that\u2019s not on the agenda however, it\u2019s a hugely expensive therapy session.\u00a0With someone who\u2019s not a professional therapist.<\/p>\n<p>&nbsp;<\/p>\n<p>So stop. Give the legal stuff to the lawyer and take the emotional processing and practical decision-making (which is absolutely important and valid) elsewhere.<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"your_divorce_lawyer_cant_set_your_objectives_for_you\"><\/span>Your divorce lawyer can\u2019t set your objectives for you<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>One of the reasons I stress the importance of having a divorce plan is because your lawyer is there primarily to support you in achieving your objectives (or supporting you to understand why they are not achievable).<\/p>\n<p>&nbsp;<\/p>\n<p>It is not the role of your divorce lawyer to create those objectives for you. They will present options and give you the time and space required to make decisions. You might think they are well placed to tell you what to do, as they know divorce better than you. But this is your life, your future and at all times responsibility lies with you. Yes, the responsibility lies with you.<\/p>\n<p>&nbsp;<\/p>\n<p>If you lose sight of your wider objectives, a good family lawyer will pull you back and keep you focused. They can only do this however if you\u2019ve given them good instructions. So make yourself a divorce plan!<\/p>\n<p>&nbsp;<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p>Now let\u2019s look at scenarios where a divorce lawyer can help \u2013 and what to do if you don\u2019t have the funds for one.<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<h2><span class=\"ez-toc-section\" id=\"making_applications\"><\/span>Making Applications<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>If you have the resources, you can ask your family lawyer to petition for divorce on your behalf. You can request they negotiate a financial settlement or issue financial remedy proceedings for you. You can ask them to file for a Child Arrangements Order, organise mediation for you, refer you to a colleague to redraft your Will and deal with any conveyancing.<\/p>\n<p>&nbsp;<\/p>\n<p>Since the removal of legal aid for the majority family law cases in 2013, many divorcing individuals find themselves as Litigants in Person, or self-representing. This may be a conscious choice to save limited funds or forced out of necessity. It\u2019s less than ideal.<\/p>\n<p>&nbsp;<\/p>\n<p>If you do not have the resources or desire to hire a lawyer to do these things for you, you can do many yourself, then use a lawyer to draft your Consent Order and Will.<\/p>\n<p>&nbsp;<\/p>\n<p>The biggest mistake you can make is leaving the financial remedy part of your divorce because you think that without a lawyer, you can\u2019t apply. You can and you really should. Will it be scary? Yes! Will it be easy? No. Will it be worth it? Absolutely. Many women have done it, without legal representation. It\u2019s about standing up for what you need and deserve.<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"children\"><\/span>Children<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>Your divorce lawyer can advise and support you to negotiate arrangements for your children. From maintenance payments to parenting time, if you are struggling to communicate directly with your ex because you lack confidence or he\u2019s emotionally closed-off, your lawyer can deal with them in a less emotive way.<\/p>\n<p>&nbsp;<\/p>\n<p>Do you have to have legal arrangements for your children? No.<\/p>\n<p>&nbsp;<\/p>\n<p>Unlike your financial situation, when it comes to children, the court works from the \u2018No Order Principle\u2019. The No Order principle works on the basis that no formal orders for the children are generally better for them. In other words, the two of you are the best decision-makers about your own children\u2019s arrangements and you should be free to be as flexible as possible with those. Therefore, the court will only make a formal arrangement for your children if it\u2019s in their best interests to do so taking into account your family situation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"specific_issues_or_prohibited_steps\"><\/span>specific issues or prohibited steps<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If there is a pattern of your ex not sticking to arrangements, or there are special circumstances, it may be that you need to pursue a formal order. The support of a family lawyer will be particularly useful in situations where you are considering change of name for the child on your divorce, moving school, country or home town (these are known as specific issues) or you want to prevent your ex from behaving in a certain way or doing a certain thing in relation to the children (these are known as prohibited steps).<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"property\"><\/span>Property<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>The family home is usually one of the biggest family assets (aside from pensions). You may be lucky enough to have sufficient equity in your property or properties to ensure that both of you are re-housed without too much difficulty. For many people, however, this is not their reality. Tough decisions need to be made about the family home and who, if anyone, should remain living there.<\/p>\n<p>&nbsp;<\/p>\n<p>You will particularly benefit from the support of a lawyer if you want to get your ex out of the marital home because of abuse. Legal Aid is available in certain circumstances so if you feel that you would qualify, seek out legal advice to support you.<\/p>\n<h2><span class=\"ez-toc-section\" id=\"finances\"><\/span>Finances<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>It is perfectly possible to resolve your finances between the two of you and with the support of a mediator. But if you can afford it, using a lawyer is beneficial to ensure that you are getting advice that\u2019s specific to you. This is especially important if one or both of you run businesses, have complex financial arrangements or are the beneficiaries of trust money.<\/p>\n<p>&nbsp;<\/p>\n<p>Mediation is a good starting point to begin the disclosure process and initial conversations about money &#8211; although not if you\u2019re experiencing domestic abuse. Mediation is not a suitable venue for financial discussions if your ex exerts financial control or pressure on you, is emotionally manipulative or controlling or exerts physical power over you. It is not a good idea to sit together even in a public space to discuss money if your ex exhibits these behaviours.<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"domestic_abuse\"><\/span>Domestic Abuse<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>Domestic abuse is defined as \u2018any incident or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other\u2019.<\/p>\n<p>&nbsp;<\/p>\n<p>This definition is wide and any application must be supported with evidence to qualify for legal aid. Even if you have this evidence, your case will be subject to a merits and means test.<\/p>\n<p>&nbsp;<\/p>\n<p>Every solicitor is bound to discuss with you the merits of your legal aid claim even if they themselves do not offer such a service. If you feel that your case may be eligible for legal aid, seek legal advice immediately.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"legal_aid\"><\/span>Legal Aid<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Examples of sufficient evidence include:<\/p>\n<p>&nbsp;<\/p>\n<ul>\n<li>Your ex has been arrested for or convicted of a domestic violence offence<\/li>\n<li>At any time in the past your ex has accepted a caution or bind over in relation to you<\/li>\n<li>Your ex has been subject to a domestic violence bind over<\/li>\n<li>There are ongoing criminal proceedings relating to a domestic violence offence<\/li>\n<li>You have or have had a protective injunction in relation to this person<\/li>\n<li>There are undertakings in respect of domestic abuse and no cross-undertakings<\/li>\n<li>You have a letter from a health professional confirming you were examined for abuse in the past<\/li>\n<li>You have previously been or are subject to a MARAC<\/li>\n<li>Social Services have been involved with you because of domestic abuse<\/li>\n<li>You have a letter confirming you have stayed at a refuge for more than 24 hours in the past.<\/li>\n<li>The family court has made findings of fact in relation to domestic abuse at any time in the past<\/li>\n<li>You are receiving support from domestic abuse support services<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>There is now no longer any time limit in which this evidence must relate to. Therefore, if you have previously accessed these services in the distant past, you can still utilise this evidence.<\/p>\n<p>&nbsp;<\/p>\n<p>There are several different ways that legal aid may help you depending on the type of case you have. You may or may not have to pay any funding awarded back at the conclusion of the case. Seek advice if you feel this could be you.<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"high_conflict_divorce\"><\/span>High conflict divorce<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>High conflict divorce, whilst technically covered under the term \u2018domestic abuse\u2019, is worthy of a section on its own.<\/p>\n<p>&nbsp;<\/p>\n<p>Depending on the nature of the high conflict situation and the personality of the perpetrator you may not have sufficient evidence to qualify for legal aid.\u00a0You may therefore be faced with having to pay for representation with limited funds.<\/p>\n<p>&nbsp;<\/p>\n<p>Use these funds wisely and do as much of the divorce process as you can yourself. Find a lawyer who understands high conflict personalities and how their own behaviour as a lawyer can inadvertently increase conflict for you. Be clear about your needs and your situation. Educate your lawyer if necessary. Ask them about the cases they\u2019ve dealt with and how they handled them. Do not be afraid to advocate for yourself and shop around to find the right lawyer for you.<\/p>\n<p>&nbsp;<\/p>\n<h2><span class=\"ez-toc-section\" id=\"working_with_a_divorce_coach\"><\/span>Working with a divorce coach<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>&nbsp;<\/p>\n<p>Whether or not you use a lawyer for every step of your divorce proceedings, you may find a divorce coach is helpful (and financially savvy). While divorce lawyers shouldn\u2019t be your first port of call for emotional support, divorce coaches absolutely can provide confidential, impartial support as you make decisions. Legally qualified divorce coaches (like me) can also help you really understand the legal process and the options you have available to you. We can help you plan, instruct solicitors and discuss the advice you receive in a relaxed, calm jargon-free way. So that you can respond to your solicitor in a timely manner with clarity and confidence \u2013 and save hundreds, if not thousands, in legal fees.<\/p>\n<p>If you\u2019re serious about divorce this is exactly what you need.<\/p>\n<p><a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/about-me-emma-heptonstall\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>Emma Heptonstall,<\/strong><\/a>\u00a0the Divorce Alchemist is author of the Amazon best selling book\u00a0<a href=\"https:\/\/www.amazon.co.uk\/How-Be-Lady-Who-Leaves\/dp\/1999631501\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>How to be a Lady Who Leaves, the Ultimate Guide to Getting Divorce Ready<\/strong><\/a>. A former lawyer, Emma is a family mediator and founder of Get Divorce Ready the online self-study and group programmes. Emma has been featured on BBC Radio, The Telegraph, the iPaper and in Marie Claire Magazine. To find out more visit\u00a0<a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>www.emmaheptonstall.com<\/strong><\/a><\/p>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What do you need a divorce lawyer for? &nbsp; \u200bNot everyone who goes to see a divorce lawyer wants a divorce. Often, seeing a divorce lawyer is your first action when you know something in your marriage needs to change. It doesn\u2019t always mean that your relationship is over. A good divorce lawyer will help [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":15314,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"<h1>What do you need a divorce lawyer for?<\/h1><p>\u00a0<\/p><p>Not everyone who goes to see a divorce lawyer wants a divorce. Often, seeing a divorce lawyer is your first action when you know something in your marriage needs to change. It doesn\u2019t always mean that your relationship is over. A good divorce lawyer will help you explore your thoughts and recommend other sources of support if appropriate. In <em>What do you need a divorce lawyer for?\u00a0<\/em>we take a look at the ways in which a divorce lawyer can add value to your divorce and those things that are within your remit, not theirs.<\/p><p>\u00a0<\/p><p>A divorce lawyer can\u2019t tell you whether your marriage is over. That\u2019s for you to decide. If you\u2019ve read my book <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/product\/lady-leaves-book\/\">How to be a Lady Who Leaves, The Ultimate Guide to Getting Divorce Ready<\/a>, you\u2019ll know that I dedicate the whole first section to helping you make the decision. It\u2019s important. It takes time and consideration. And it\u2019s up to you.<\/p><p>\u00a0<\/p><p>First, let\u2019s look at how you shouldn\u2019t use a divorce lawyer.<\/p><p>\u00a0<\/p><h2>Your divorce lawyer is not your therapist<\/h2><p>\u00a0<\/p><p>Let me repeat: your divorce lawyer is not your therapist.<\/p><p>\u00a0<\/p><p>If you\u2019ve followed my blog for a while, you might be thinking, \u201cOMG Emma! You\u2019re not saying that again are you?!\u201d<\/p><p>\u00a0<\/p><p>Yes. I am. And I make no apology.<\/p><p>\u00a0<\/p><p>However much you know it, it\u2019s likely you still fall into the trap. You pick up the phone or draft an email to tell your solicitor about every little thing your ex has said, done or not said and done. Now don\u2019t get me wrong, there are times when this <em>is<\/em> appropriate.<\/p><p>\u00a0<\/p><p>If you are trying to establish a pattern of behaviour to support an injunctive application (think non-molestation or occupation order), that\u2019s the right thing to do \u2013 it\u2019s evidence. If that\u2019s not on the agenda however, it\u2019s a hugely expensive therapy session.\u00a0With someone who\u2019s not a professional therapist.<\/p><p>\u00a0<\/p><p>So stop. Give the legal stuff to the lawyer and take the emotional processing and practical decision-making (which is absolutely important and valid) elsewhere.<\/p><p>\u00a0<\/p><h2>Your divorce lawyer can\u2019t set your objectives for you<\/h2><p>\u00a0<\/p><p>One of the reasons I stress the importance of having a divorce plan is because your lawyer is there primarily to support you in achieving your objectives (or supporting you to understand why they are not achievable).<\/p><p>\u00a0<\/p><p>It is not the role of your divorce lawyer to create those objectives for you. They will present options and give you the time and space required to make decisions. You might think they are well placed to tell you what to do, as they know divorce better than you. But this is your life, your future and at all times responsibility lies with you. Yes, the responsibility lies with you.<\/p><p>\u00a0<\/p><p>If you lose sight of your wider objectives, a good family lawyer will pull you back and keep you focused. They can only do this however if you\u2019ve given them good instructions. So make yourself a divorce plan!<\/p><p>\u00a0<\/p><p><strong>\u00a0<\/strong><\/p><p>Now let\u2019s look at scenarios where a divorce lawyer can help \u2013 and what to do if you don\u2019t have the funds for one.<\/p><p><strong>\u00a0<\/strong><\/p><h2>Making Applications<\/h2><p>\u00a0<\/p><p>If you have the resources, you can ask your family lawyer to petition for divorce on your behalf. You can request they negotiate a financial settlement or issue financial remedy proceedings for you. You can ask them to file for a Child Arrangements Order, organise mediation for you, refer you to a colleague to redraft your Will and deal with any conveyancing.<\/p><p>\u00a0<\/p><p>Since the removal of legal aid for the majority family law cases in 2013, many divorcing individuals find themselves as Litigants in Person, or self-representing. This may be a conscious choice to save limited funds or forced out of necessity. It\u2019s less than ideal.<\/p><p>\u00a0<\/p><p>If you do not have the resources or desire to hire a lawyer to do these things for you, you can do many yourself, then use a lawyer to draft your Consent Order and Will.<\/p><p>\u00a0<\/p><p>The biggest mistake you can make is leaving the financial remedy part of your divorce because you think that without a lawyer, you can\u2019t apply. You can and you really should. Will it be scary? Yes! Will it be easy? No. Will it be worth it? Absolutely. Many women have done it, without legal representation. It\u2019s about standing up for what you need and deserve.<\/p><p>\u00a0<\/p><h2>Children<\/h2><p>\u00a0<\/p><p>Your divorce lawyer can advise and support you to negotiate arrangements for your children. From maintenance payments to parenting time, if you are struggling to communicate directly with your ex because you lack confidence or he\u2019s emotionally closed-off, your lawyer can deal with them in a less emotive way.<\/p><p>\u00a0<\/p><p>Do you have to have legal arrangements for your children? No.<\/p><p>\u00a0<\/p><p>Unlike your financial situation, when it comes to children, the court works from the \u2018No Order Principle\u2019. The No Order principle works on the basis that no formal orders for the children are generally better for them. In other words, the two of you are the best decision-makers about your own children\u2019s arrangements and you should be free to be as flexible as possible with those. Therefore, the court will only make a formal arrangement for your children if it\u2019s in their best interests to do so taking into account your family situation.<\/p><h3>specific issues or prohibited steps<\/h3><p>If there is a pattern of your ex not sticking to arrangements, or there are special circumstances, it may be that you need to pursue a formal order. The support of a family lawyer will be particularly useful in situations where you are considering change of name for the child on your divorce, moving school, country or home town (these are known as specific issues) or you want to prevent your ex from behaving in a certain way or doing a certain thing in relation to the children (these are known as prohibited steps).<\/p><p>\u00a0<\/p><h2>Property<\/h2><p>\u00a0<\/p><p>The family home is usually one of the biggest family assets (aside from pensions). You may be lucky enough to have sufficient equity in your property or properties to ensure that both of you are re-housed without too much difficulty. For many people, however, this is not their reality. Tough decisions need to be made about the family home and who, if anyone, should remain living there.<\/p><p>\u00a0<\/p><p>You will particularly benefit from the support of a lawyer if you want to get your ex out of the marital home because of abuse. Legal Aid is available in certain circumstances so if you feel that you would qualify, seek out legal advice to support you.<\/p><h2>Finances<\/h2><p>It is perfectly possible to resolve your finances between the two of you and with the support of a mediator. But if you can afford it, using a lawyer is beneficial to ensure that you are getting advice that\u2019s specific to you. This is especially important if one or both of you run businesses, have complex financial arrangements or are the beneficiaries of trust money.<\/p><p>\u00a0<\/p><p>Mediation is a good starting point to begin the disclosure process and initial conversations about money - although not if you\u2019re experiencing domestic abuse. Mediation is not a suitable venue for financial discussions if your ex exerts financial control or pressure on you, is emotionally manipulative or controlling or exerts physical power over you. It is not a good idea to sit together even in a public space to discuss money if your ex exhibits these behaviours.<\/p><p>\u00a0<\/p><h2>Domestic Abuse<\/h2><p>\u00a0<\/p><p>Domestic abuse is defined as \u2018any incident or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other\u2019.<\/p><p>\u00a0<\/p><p>This definition is wide and any application must be supported with evidence to qualify for legal aid. Even if you have this evidence, your case will be subject to a merits and means test.<\/p><p>\u00a0<\/p><p>Every solicitor is bound to discuss with you the merits of your legal aid claim even if they themselves do not offer such a service. If you feel that your case may be eligible for legal aid, seek legal advice immediately.<\/p><h3>Legal Aid<\/h3><p>Examples of sufficient evidence include:<\/p><p>\u00a0<\/p><ul><li>Your ex has been arrested for or convicted of a domestic violence offence<\/li><li>At any time in the past your ex has accepted a caution or bind over in relation to you<\/li><li>Your ex has been subject to a domestic violence bind over<\/li><li>There are ongoing criminal proceedings relating to a domestic violence offence<\/li><li>You have or have had a protective injunction in relation to this person<\/li><li>There are undertakings in respect of domestic abuse and no cross-undertakings<\/li><li>You have a letter from a health professional confirming you were examined for abuse in the past<\/li><li>You have previously been or are subject to a MARAC<\/li><li>Social Services have been involved with you because of domestic abuse<\/li><li>You have a letter confirming you have stayed at a refuge for more than 24 hours in the past.<\/li><li>The family court has made findings of fact in relation to domestic abuse at any time in the past<\/li><li>You are receiving support from domestic abuse support services<\/li><\/ul><p>\u00a0<\/p><p>There is now no longer any time limit in which this evidence must relate to. Therefore, if you have previously accessed these services in the distant past, you can still utilise this evidence.<\/p><p>\u00a0<\/p><p>There are several different ways that legal aid may help you depending on the type of case you have. You may or may not have to pay any funding awarded back at the conclusion of the case. Seek advice if you feel this could be you.<\/p><p>\u00a0<\/p><h2>High conflict divorce<\/h2><p>\u00a0<\/p><p>High conflict divorce, whilst technically covered under the term \u2018domestic abuse\u2019, is worthy of a section on its own.<\/p><p>\u00a0<\/p><p>Depending on the nature of the high conflict situation and the personality of the perpetrator you may not have sufficient evidence to qualify for legal aid.\u00a0You may therefore be faced with having to pay for representation with limited funds.<\/p><p>\u00a0<\/p><p>Use these funds wisely and do as much of the divorce process as you can yourself. Find a lawyer who understands high conflict personalities and how their own behaviour as a lawyer can inadvertently increase conflict for you. Be clear about your needs and your situation. Educate your lawyer if necessary. Ask them about the cases they\u2019ve dealt with and how they handled them. Do not be afraid to advocate for yourself and shop around to find the right lawyer for you.<\/p><p>\u00a0<\/p><h2>Working with a divorce coach<\/h2><p>\u00a0<\/p><p>Whether or not you use a lawyer for every step of your divorce proceedings, you may find a divorce coach is helpful (and financially savvy). While divorce lawyers shouldn\u2019t be your first port of call for emotional support, divorce coaches absolutely can provide confidential, impartial support as you make decisions. Legally qualified divorce coaches (like me) can also help you really understand the legal process and the options you have available to you. We can help you plan, instruct solicitors and discuss the advice you receive in a relaxed, calm jargon-free way. So that you can respond to your solicitor in a timely manner with clarity and confidence \u2013 and save hundreds, if not thousands, in legal fees.<\/p><h3>Get Divorce Ready<\/h3><p>In April I\u2019m running the <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/getdivorcereadywaitlist\/\">Get Divorce Ready Group programme<\/a> again. It runs online, so you participate from the comfort of your own home. All calls are scheduled for the evenings, after the children are in bed. Everything is recorded so if you miss a call you can catch up with all the information and support.<\/p><p>\u00a0<\/p><p>It\u2019s all about getting in the zone, understanding the process and creating a plan. It might be that you petition for divorce in real time as you move through the programme - many women have done this and found it a much less stressful way to get your divorce underway than going it alone.<\/p><p>\u00a0<\/p><p>As well as my support, you get the support of women like you. Yes, everyone is unique, but how refreshing is it to talk with women who really get it \u2013 they know what you\u2019re experiencing and where you\u2019re coming from, because they\u2019re in that place too.<\/p><p>\u00a0<\/p><p>For the first time you will also get three months free access to the Absolute Academy (usually \u00a3147\/month) . This gives you access to the fantastically engaged and supportive community there, as well as the extensive training portal and the seven days a week support I provide in that group.<\/p><p>\u00a0<\/p><p>If you\u2019re serious about divorce in 2020 this is exactly what you need. You can <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/getdivorcereadywaitlist\/\">sign up to the waitlist here<\/a>.<\/p><p><a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/about-me-emma-heptonstall\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>Emma Heptonstall,<\/strong><\/a>\u00a0the Divorce Alchemist is author of the Amazon best selling book\u00a0<a href=\"https:\/\/www.amazon.co.uk\/How-Be-Lady-Who-Leaves\/dp\/1999631501\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>How to be a Lady Who Leaves, the Ultimate Guide to Getting Divorce Ready<\/strong><\/a>. A former lawyer, Emma is a family mediator and founder of Get Divorce Ready the online self-study and group programmes. Emma has been featured on BBC Radio, The Telegraph, the iPaper and in Marie Claire Magazine. To find out more visit\u00a0<a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>www.emmaheptonstall.com<\/strong><\/a><\/p>","_et_gb_content_width":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[13,582,1,4],"tags":[],"class_list":["post-15310","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-divorce-process","category-high-conflict-divorce","category-i-want-to-leave-my-husband","category-thinking-about-a-divorce"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.emmaheptonstall.com\/wp-content\/uploads\/2020\/02\/Copy-of-Copy-of-EH_BlogImage-17.png?fit=1000%2C516&ssl=1","jetpack_shortlink":"https:\/\/wp.me\/p6aDhr-3YW","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/posts\/15310","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/comments?post=15310"}],"version-history":[{"count":0,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/posts\/15310\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/media\/15314"}],"wp:attachment":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/media?parent=15310"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/categories?post=15310"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/tags?post=15310"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}