Archive for March, 2021
If you are considering a divorce, you may be overwhelmed by the wealth of information on the Internet and don’t know where to start or who to trust. Currently, through the Internet, you can find a lot of information about divorce in blogs, websites, news, etc.
However, you must be very cautious in the information you read, since wrong advice can cause you to make mistakes when filing for divorce or defending yourself. Although being advised by an experienced divorce lawyer will always be the best option, there are some cases where you may not need an attorney, since you can solve it on your own. Prime examples of this are when both want a divorce and have no children or property in common.
Divorce Lawyers Have Legal Knowledge
If you are considering a divorce, but have not made up your mind yet, it could be a good option to request the advice of one of the divorce lawyers in your local area. This is a professional who can answer your questions and explain your rights and the alternatives you have, unless you are confident in your ability to interpret the rules, valid tests, and legal paperwork.
For example, if you find out about your partner’s infidelity and want to start a divorce proceeding for that reason to request compensation, it is extremely important that, before doing this, you still consult a lawyer for legal assistance, since there is a deadline to file the claim for divorce counted from the moment you become aware of the infidelity. In addition, valid evidence must be obtained to initiate this type of procedure. A law firm has lawyers to provide information about the kind of evidence that will be accepted by the court system.
It is a good idea to interview a few attorneys before deciding on one. You should ask about the experience they have with these types of cases and if they are in favor of solving cases through private negotiation (out of court) or through settlement. This point is important since it is in your best interest that the lawyer not only has experience in litigating in divorce proceedings but also has the ability and experience to resolve conflicts through private negotiation with the other party (in order to reach an out-of-court settlement).
If you are just starting the divorce process, you might be thinking about not hiring an attorney and doing it yourself to save time and money. Let’s look at a few scenarios you may want to consider where legal consultation is still necessary. If you had a short marriage and both of you want to end the marriage without any financial or legal battle and you have no assets or children, then you would have an uncontested divorce.
If you are not interested in receiving alimony, it also makes the divorce process much easier. While you may be able to gather pertinent information about how to proceed on your own, it is always recommended that you seek the help of an attorney. There are some details that you may overlook and it won’t help your case in court.
When Should You Hire A Lawyer?
There are situations in which you should always seek the advice of an attorney. Some of those instances include:
- When there is family violence or child abuse
- When your ex-partner has hired a lawyer
- When there is substance abuse and alcohol in your ex-partner
- If you think your spouse is hiding or selling both of your assets
- If your ex-partner threatens to harm you and lead to financial ruin
- If your ex-partner does not have good communication and your divorce involves minor children and property
- If you and your ex-partner has a business or accumulated a debt together
- If the other spouse refuses to grant you a divorce
It is never easy to come to the decision that you want to go through with a divorce. In many cases, it is quite unbearable, especially when there are children involved. However, in the case of domestic violence or threat to someone’s life, it may be the only decision to make in filing for a divorce.
When communication has been eroded between partners and there is no other way to mediate with a third party or family member, the next step is to consult with a qualified divorce attorney to obtain full legal representation. Your lawyer will make sure that your rights are highly represented throughout the divorce process. This is ideal for people who are already going through the fear and stress of a divorce.
In this case, it is necessary to take into account, especially, the economic standing that the marriage had.
If the couple was governed by the separation of assets, the procedure will be easier to carry out because each one will maintain the rights over what they have achieved, and they will only have to distribute goods acquired with common finances. Something similar happens if you had a participated financial standing since this is a mixture of the other two, although, it is true it may be very rare. A divorce attorney will be able to walk you through any complexities related to this.
The greatest difficulties will come with owning community property together. Legally, everything obtained by the members of the union during the time they are married is placed in common and becomes the asset of both parties. Therefore, at the time of distribution, there will be more tension and the volume of assets to be divided will also be greater. Special mention deserves is the distribution and dissolution of homes, vehicles, inheritances, and shares. The more financial capital and assets accumulated, the more difficult to decide and relinquish.
Divorce Lawyers Make the Divorce Process More Efficient
A good divorce attorney is experienced enough to assess the situation and make the right decisions for clients. You will receive wise suggestions for your particular situation so you can have the best outcome once the case is taken to the court system. You want a lawyer who offers efficient and effective divorce law services. Many attorneys have relationships with judges and have had similar cases like yours to make the right decision and get the desired outcome.
Many of them also have experienced staff members that will keep you abreast of what is going on with your case. The first step after finding a reputable attorney is to have a scheduled consultation. The attorney will ask questions and provide you with the best path forward to get a reasonable settlement and outcome. The lawyer will be the one to speak to and negotiate with the ex-partner’s attorney if the case requires negotiating.
Divorce is never easy. In fact, it is quite an emotional experience and so you need a lawyer who has empathy and compassion as well as understanding. You want a professional who understands that you will go through feelings of betrayal, sadness, depression, fear, confusion, and rage. Sometimes, all of these emotions can occur all at once and even during a client/lawyer session. This heightened level of emotions means that the lawyer must know how to be objective as well. With such emotional turmoil, it is not recommended that you represent yourself.
Your emotional state could get in the way and prevent you from asserting yourself and that is one of the reasons why you should have a good divorce attorney on your side. While you channel those emotions, your attorney will develop legal and common-sense strategies to aggressively defend your case. Your emotions could sabotage the case and so it is best to leave it in the hands of a competent professional.
Divorce Lawyers Can Help Navigate Child Custody
Acquiring custody in a divorce can be difficult for various reasons. This is especially true if you don’t have a job or enough financial capital to raise your children in a safe environment. A divorce lawyer can help navigate the child custody process. Child custody attorneys are focused on doing what is in the best interest of the children and at the same time, representing the client.
Child custody and divorce both fall under family law and so you need a divorce attorney who is also experienced as a family lawyer. You might have to do your research first before hiring a lawyer who specializes in both child custody and divorce. When you are going through a divorce, you need to solicit legal representation where questions are asked about the marriage and whether the children are living in an emotionally abusive or negative setting.
There are some cases that can be quite complicated and for that reason, it could be more challenging to represent it in court without a lawyer. The attorney will take certain things into consideration such as behavioral issues, medical disorders and diagnosis, and the environment in which the children reside.
There are times when one partner might relocate to a different state after the relationship has been dissolved, but yet want to maintain contact with the children. This is where it could get complicated for both partners. A family law attorney acts as the mediator in such a situation, working out the semantics involved so that everyone is pleased with the outcome.
There could be a custody battle if an attorney is not involved in the whole process. It is crucial to have an attorney who knows and understands how to create jurisdictional and legal boundaries. The sooner you can consult with a lawyer, the better it will be. This is especially true for a noncustodial parent who has not seen the child for a long time.
Divorce Lawyers Can Help Navigate Child Support
Finding a good family lawyer is important to stating your case and having someone experienced working for you. Child support is another significant issue that your divorce lawyer will take up with the courts. If you are the custodial parent and singlehandedly raising the children on your own without the help of the noncustodial parent, a lawyer will work on your behalf to get child support. Your lawyer will help you work out the details for the noncustodial parent to pay the fair share of taking care of the child or children.
When you are going through a divorce, there is a lot of paperwork involved. Many of them have to be filed prior to the proceedings, during the proceedings, and afterward, especially when child support is a part of the process. A lawyer knows the different forms associated with child support, child custody, and the actual divorce. It is crucial that the right paperwork is fully completed. The judge relies on paperwork and information to make the best judgment.
If you make one mistake or omit something, it could go against you. Lawyers have efficient staff to help with completing the paperwork. They will advise you on how to fill out all the necessary information. You will also get a list of required documents to provide. Completing the forms appropriately could increase your chances of gaining a favorable view from the judge. Many divorce cases are held up in the court system because of incomplete paperwork. A good attorney will make sure that this is not the case.
So that you do not lose out and see yourself with nothing, you will need the wise advice of a divorce lawyer. It is recommended to appraise all the properties so that later the distribution is fair, but in any case, trust your lawyer who will be the one who can best help you.