What You Should Know Before You Hire a Divorce Attorney
Whether you were the one who filed for divorce or your spouse, you should consider hiring a divorce lawyer. Divorces are often ripe with emotion, and are a time of frustration and crisis for most individuals and families as they sort out property, time with children and bank accounts. An attorney can assist with navigating the law and your rights in such domestic matters. How do I know if I need a divorce attorney?
Family law cases cover a wide range of domestic relations, like spouses and children whether biological, adopted or related by marriage. People are emotionally invested in the parties involved, and may act irrational making a bad situation worse or feel overwhelmed by the demands of the other party. A good attorney acts as a mediator between the parties, diffusing the emotional charge and helping their client pursue their legal rights under family law. Consulting with an attorney is almost always free. The attorney can help you decide if your unique situation would benefit from their assistance.
What will my divorce case cover?The proceeding will cover the legal termination of marriage and requests for child custody, support, visitation and alimony. The judge in your divorce case reviews the facts and decides what is in the best interest of the child or children regarding the amount of support, where and with whom the child or children should live, holiday schedules and other matters, without regard to parents' feelings about the judge's decision. This can cause emotions to run high, and parents can turn on each other when driven by strong feelings. Adequate legal counsel will assist with maintaining control and helping the parties and persuading the judge to find solutions for what is best for the family.
Your case will also deal with division of property and pre-nuptial agreements, if you have one.
No two cases are alike and each ends with different results. For example, you may qualify for an annulment if married a short time. Same-sex couples may deal with variations in the law depending on which state they reside since same-sex marriage continues to be an ever-changing legal landscape.
• What if my divorce is uncontested?
If the other party in your divorce has not hired an attorney and is accepting of the divorce, you may feel you don't need a lawyer either. You still need to speak to a divorce lawyer, however, because attorneys know what parts of the law leave you vulnerable to waiving away your legal protections.
Hiring an experienced lawyer is crucial in contested cases. Your spouse and their attorney may attempt to hide income, assets and other valuables while presenting a persuasive argument regarding child support and visitation rights. You may even end up in trial if settlement cannot be reached.
• Hire a Divorce Attorney
When you face sorting out time with your children, your property and your finances due to divorce, you want someone who will guide you and act in your best interest. Hire a skilled attorney to help you through this tough time.