Despite the fact that divorce is becoming increasingly common, the decision to get a divorce is a difficult one. Moreover, the ensuing process is often both emotionally and financially taxing on either party. But if you happen to find yourself in a similar situation, then you need to make sure that you have the right people representing you. Competent divorce attorneys, by sheer virtue of their ability to better manage a case, can make the process of getting a divorce a little easier. In fact, here are just a few ways that a divorce attorney can help you during this difficult time.
A good Henderson divorce lawyer, along with giving you better counseling, can also help you in the following ways:
Table of Contents
1. Determines The Grounds For Divorce
When you decide to get a divorce, the grounds for divorce affect the legal process. The grounds for divorce are a common way to distinguish between cases where one party is at fault and cases where spouses separate due to irreconcilable differences. For instance, common grounds for at-fault divorce include abuse and adultery. While all states recognize no-fault grounds for divorce, they may require spouses to live separately before the court dissolves their marriage.
So, where does a divorce attorney come in? Your attorney can walk you through any potential benefits of filing for at-fault divorce. Keep in mind that the type of divorce is a relevant consideration in determining whether you’ll receive (or have to pay) alimony.
Similarly, it’s possible that your marriage wasn’t valid in the first place. This can happen when you ignore a specific legal requirement or fail to file the right paperwork. In this case, your divorce attorney can discuss whether it’s best to annul the marriage or get a divorce.
2. Explain The Division Of Property
One of the first important responsibilities that a good divorce attorney has towards their clients is to teach them more about divorce law. Family law can be very complicated to understand, and your spouse might be using certain loopholes to improve their settlement. A competent attorney will first explain to you how family law, and more specifically divorce law, works. This information can help you set the direction for your case and help you decide on the best way that you can move forward.
They will explain how child support works, the process for debt division, and some general insight into state-specific laws. Overall, they feel responsible for educating their clients about their case and the surrounding laws, which ensures that they can get the settlement that they deserve.
3. Reviewing Agreements During Mediation
Keep in mind that traditional litigation isn’t the only way to go about a separation. In fact, most states require couples to try court-ordered mediation, a form of alternative dispute resolution. During mediation, it’s recommended to have a divorce attorney on your side to review documents and agreements put forward by the mediator.
During mediation sessions, your divorce lawyer can provide advice and help you communicate your needs in a cohesive way. And if you feel like the other party isn’t listening to what you have to say, having an attorney on your side ensures that your concerns are communicated effectively.
4. They Remain Objective
It doesn’t matter how long people have been married; divorce will always be an emotional process that takes a toll on their mental and physical health. During an emotionally charged ordeal, your family lawyer can help you stay focused on the goal.
At a time when you’re feeling vindictive and vengeful, they’ll discuss aspects that have lasting consequences on your future, such as child custody and division of marital property. An added benefit of having a lawyer is that they can oversee communication between you and your spouse. Avoiding personal contact can prevent arguments, allowing both parties to go through the process smoothly.
5. Effective Negotiation
During the divorce process, it’s common for both parties to have disputes and disagreements. However, these can be challenging to resolve when you’re on your own. By hiring a professional divorce attorney, you ensure that someone can negotiate with the other party on your behalf. Because attorneys have years of experience, they know when their clients are being lowballed. Otherwise, you risk giving up more than necessary.
6. Preparing Detailed Documentation
If getting divorced wasn’t already complex enough, the legal proceedings also require each party to submit accurate documentation for legal paperwork such as affidavits or court filings. Unless you have legal experience, navigating the framework can be tricky. Even if you’re confident in your ability to take care of documentation, keep in mind that you’ll need to meet strict deadlines – all while balancing a full-time job and spending time with your children.
A divorce attorney, on the other hand, has the skills and time to prepare, file, and manage all the necessary documentation. Not to mention, their experience allows them to get the job done as efficiently as possible.
7. Preparing a Debt Repayment Strategy
In most states, assets and debt acquired during a marriage are split evenly between both parties. This means both spouses are legally responsible for paying off joint debt. That being said, it’s possible that the court will hold you responsible for a debt that should be attributed to the other spouse. In this situation, you’ll need legal advice from an expert attorney on how you can protect yourself from a debt that should be the other spouse’s responsibility.
8. Calculating Spousal Support
Your divorce lawyer can help you determine whether you’ll receive spousal support and how much you’ll receive. Similarly, they can also assess whether you may be required to pay spousal support, which is ordered by the court when spouses earn very different incomes. Another situation in which you’re liable to receive spousal support is if you sacrificed your career to help the other spouse advance theirs. For example, when your spouse receives a job offer in a different city, and you quit your job to move to a different city.
9. Recording Marital Assets
For proper distribution of marital property, you need to have a complete record of different assets. And for that, each party must disclose all their assets. It’s quite common for one spouse to manage the money while the other is unaware of their shared assets. If you feel like you’re in the dark about your shared debts and assets, your divorce lawyer can assist you in collecting records and locating assets so the settlement can address them.
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