Do I Need a Lawyer for My Divorce? (And What About Mediation?)
September 9, 2026 | Jason C. Brown
Divorce can be an expensive and time-consuming process. Many individuals moving toward divorce wonder whether they can handle the process on their own or whether hiring a divorce attorney is worth the cost. But while DIY divorce is possible under specific, simple conditions, having an attorney safeguards your rights, protects your best interests, and prevents you from making costly mistakes.
When Is a Self-Represented Divorce Feasible?
Going through a divorce without an attorney is difficult, but it is possible. It works best in an uncontested divorce, where both parties agree on all terms from the beginning. This is usually a short-term marriage with no minor children involved, minimal shared assets, no real estate, and no complex retirement accounts. If you go this route, you will be responsible for all paperwork, deadlines, procedural filing, and legal research.
In addition to the workload, there are risks associated with self-represented divorces. Without proper legal training, you run the risk of filing improperly, miscalculating assets, or accidentally waiving important rights. And once your divorce agreement is finalized by the court, it is very difficult to modify. That’s why we highly recommend working with a professional divorce attorney, even in an uncontested divorce.
When Is Hiring a Divorce Attorney Necessary?
While consulting with a divorce attorney is always recommended, there are situations where the need to do so is even greater. Contested divorces, where the parties do not initially agree on everything, and even amicable divorces that involve more complex circumstances, are best handled with the aid of an attorney.
If the divorce involves one or more of these subjects, hiring an attorney is essential for protecting your long-term interests:
- Child Custody & Parenting Time: Establishing enforceable, clear parenting plans that respect your parenting rights and prioritize the children’s best interests.
- Complex Assets & Property Division: Dividing real estate, business interests, stock options, or high-value retirement portfolios.
- Spousal Maintenance (Alimony): Navigating statutory factors determining entitlement, amount, and duration.
- Power Imbalances or High Conflict: Situations involving non-disclosure of financial assets, domestic tension, or when the other party has already retained counsel.
If We Choose Mediation, Do I Still Need a Lawyer?
Working with a mediator can simplify the divorce process, helping both parties come to an amicable settlement without going to trial. It can help you reduce conflict, stress, legal costs, and time spent in court.
But a mediator is a neutral facilitator, not your lawyer. The mediator cannot give you individual legal advice or advocate for either party’s specific interests. That is the role of a personal divorce attorney.
A divorce attorney can help you understand what a fair settlement looks like before you meet with the mediator and advise you on how to achieve your goals in the mediation process. A personal attorney can also review the marital settlement agreement before you sign it to help you understand it and ensure you aren’t unwittingly surrendering rights.
So, while working with a mediator can be helpful, you should still hire a personal divorce attorney to protect your rights and interests.
How Barna, Guzy & Steffen Can Help
The divorce attorneys at Barna, Guzy & Steffen are experienced advocates who assist clients with confidence and empathy. They understand the intricacies of Minnesota law, and they will work passionately to help you protect your rights and best interests. No matter what your divorce situation looks like, our attorneys are here to provide valuable counsel during this life-altering experience. Contact our firm today to learn more or to schedule a consultation.