Reasons Why You Would Need A Divorce Lawyer
Are you looking to get a divorce? Are you thinking of doing it on your own using documents provided to you by the courts or information from a website or book? Sure, the do-it-yourself method might be acceptable in some situations, but a lot of folks should consider hiring a lawyer to represent them. Here are five reasons why this should be done while during a divorce proceeding.
Advice From An Expert
One thing that the experts are good at is helping a person to make sure they are getting everything that they want and deserve a divorce. Certain laws don’t necessarily support an equal split of assets depending on the situation of the couple. In most cases, the spouse can even be entitled to retirement or some other income that the other spouse may get in the future. If there are complicated issues within the marriage that may be tough to settle, a lawyer can be a huge help. For example, if there are custody or child support issues, debts, substantial income, assets, or future assets, then you should consider hiring a divorce lawyer to protect these interests in a divorce.
Divorce is a stressful time for everybody involved. If you hire a lawyer to complete the divorce, this can reduce the stress that you may be under. Sure, the lawyer is going to need to gather some information from you, but they will take care of the rest. This will give you more time to take care of yourself and your family. You have more than enough to worry about during a messy divorce, so why not let a lawyer take care of the legal work.
The legal system is complicated and the stress you’re under from the divorce makes it difficult to think clearly. These are two of the main reasons that people make mistakes when they are doing their own divorce. If you simply forgot to address something such as credit card debt or medical debt or if you mistake the value of your asset, you can make a huge mistake in a divorce proceeding. These mistakes can cause harm both financially and mentally and may even require future legal proceedings to correct the issues. If you hire a divorce lawyer, you can ensure that the case is being handled the right way the first time and that you are avoiding mistakes that could cost you in the long run that may cost you regret for the rest of your life.
Agreements That Are Clear and Binding
The court is going to review any divorce documents that you present, but they may not completely understand what you are trying to accomplish on each end of the divorce. This may result in a decree that states something other than what you wanted. When you use a lawyer, you can rest assured that the legal documents given to the court will state your wished accurately and that the divorce decree won’t contain any errors or unclear language that may make the agreement impossible to enforce or difficult.
You can use court provided documents to file for your divorce, but there can still be some issues when completing the proper forms and provide the right information within the documentation. Anybody who shows up to court without legal counsel may find problems with the paperwork or other issues that can cause a delay in the court’s ruling. This can greatly delay the date that the divorce is final. If you hire a lawyer, you can avoid the paperwork and other issues that could cause the delay and get that divorce finalized as quickly as possible.
Too Little, Too Late
Going to see a lawyer after you have already signed papers or participated in depositions or hearings on your own is like closing the barn door, after the cow got out. Just because you were not represented does not mean that you can get out of a bad decision or bad deal you may have made or get out of rulings the court made when you were unrepresented. The time to get advice is before you sign, before you go to court. In fact, you should get advice as soon as you receive legal notice of a pending lawsuit against you.
If you are reading this and you have already signed papers, you should still consult with a good experienced divorce attorney to have the papers explained to you and to see if there are any loopholes which may be used to renegotiate terms more favorably to you or to insist upon “clarification” of the agreement. The attorney can also explain the consequences of having signed the paperwork.
If you are reading this and you are in the midst of a divorce, you should seek an immediate consultation with a experienced divorce attorney to see if there is any legal basis to suppress depositions that may have been taken or other steps that may be taken to protect your rights. Be sure to take all of your documents with you to the consultation. We have successfully reopened a case for a client because depositions were taken too early. In your case it may be too late to do anything, but you should at least talk to a divorce attorney right away to be sure.
Why Talk To A Divorce Lawyer?
Divorce is a process that, at the end of the day, dissolves a legal partnership between two people. The kind of legal representation you need when faced with a divorce depends on the complexity of that partnership.
The more complex your divorce, the greater your need will be for legal representation to protect your rights and interests. Considerations when evaluating how complex your divorce case will be:
- Assets and Property. The more property you and your spouse own, the more complex it will be to value and divide those assets. This can include savings, real estate, investments, retirement, business interests, and so on.
- Children. If you and your spouse have minor children together, you will need to resolve child custody issues in your divorce either through negotiations or trial.
- Support. The necessity of financial support of a spouse (alimony) or minor children ( child support) can dramatically increase the complexity of your divorce.
Other situations where you should consider using a family law solicitor include if:
- You need to take urgent action: for example, because you think your spouse is about to file for divorce in another country or take your children abroad;
- You are a victim of domestic violence or abuse, or think that your child is at risk;
- Your spouse owns or rents the home you live in and you are worried about being left homeless;
- There are international issues: for example, if you spend part of your lives overseas or one of you is a non-uk national;
- You know your spouse is going to be difficult, you find it difficult to negotiate with your spouse or you feel under pressure to agree with what your spouse wants;
- You are simply finding it all too much to cope with;
- You continue to have problems after the divorce: for example, your ex-spouse fails to make maintenance payments or refuses you contact with the children.
Safest Self-Representation Cases:
- A marriage in which both partners worked throughout the marriage, earn comparable salaries, have no minor children together and have accumulated no property together to speak of, especially if the marriage is very brief to relatively brief.
- A marriage in which neither partner worked steadily or earns much money, they have no minor children together and they have accumulated no property to speak of, especially if the marriage is very brief to relatively brief.
- A very brief to relatively brief marriage in which the partners have no minor children together and have accumulated no property to speak of.
- A marriage in which both partners worked throughout the marriage and earn comparable salaries, have accumulated no property together to speak of and where both partners are excellent, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren).
- A marriage in which neither partner works steadily or earns much money, they have accumulated no property to speak of and both partners are excellent, involved parents to their minor children together and each parent wants the other parent to stay very involved in the life of their child(ren).