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When Should You Hire A Divorce Attorney?

20th March 2012
By Anneshia Miller Grant in Divorce
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Nobody looks forward to the prospect of marital separation or divorce; but if your marriage has turned out to be nothing more than friction and unease, it may be your only good solution. Individuals decide to get a separation or divorce for a wide range of factors, but commonly the more amicable these procedures the better for both parties. A divorce lawyer can be amazingly worthwhile for protecting your interests concerning allocation of marital assets and marital homes and in child custody and support concerns.

A marriage is a legal binding of the parties and, in most states, each person has a legal interest in marital property and a legal obligation to marital debts, regardless in whose name the asset or debt is. It is very important that you find out in what property you have an interest and how the distribution of property and debts will impact your future.

Not everyone has to obtain the aid of a divorce attorney, so you should thoughtfully consider whether you ought to hire an attorney for your distinct situation. Since each case is different, there is no one-size-fits-all declaration on who should or should not use a family law lawyer. While you do not have to have a domestic law attorney to file for divorce, or even litigate and finalize a divorce, a lawyer will certainly be helpful in procedural challenges and more so in the comprehension and application of nuances in the law.

While the statutes governing divorce and procedures are generally published in simple English and obtainable freely to anyone with a library card, knowing how the courts have interpreted and applied those statutes takes more than a casual review. Divorce case rulings, like every other area of law, get appealed to higher appeals courts and state supreme courts. These court rulings are indexed in a number of case reporters. Unless you know what you are in search of, you will never uncover it. By not using a domestic law lawyer, you could lose out on an entitlement, or be forced to surrender assets or money to your husband or wife that you shouldn’t owe.

If you opt not to utilize a domestic law attorney, you and your spouse should be able to achieve some modicum of communication. One intangible to having a domestic law lawyer is they act as a buffer between warring parties. If you and your wife or husband cannot discuss issues of separation of assets, child custody and child support, and alimony or spousal support, then you will discover the divorce procedure quite frustrating and more drawn out than necessary. Your divorce lawyer will be able to counsel you on when to fight and when you may be making unreasonable demands.

Most divorce cases conclude with a negotiated settlement between the parties. The assistance of a divorce attorney during this negotiation procedure can be invaluable. For whatever legal fee your attorney charges, you will discover that in most situations, you will recuperate that amount and then some over time in what you save in payments, or gain in the value of being awarded a contested marital asset.

If you and your spouse are in a position to negotiate a settlement between yourselves, you may want to have a divorce attorney draft the settlement papers. Again, a marriage is a legal joining and the paperwork that dissolve the marriage need to conform to the law as well. Uncontested divorces can be an advisable direction for many husbands and wives. A divorce attorney may charge a smaller flat rate to simply draft the paperwork and advise you on the techniques.

There are many beneficial aspects of getting the representation of a divorce attorney. If you and your wife or husband have decided to separate, you may consider consulting with a lawyer before making your determination if you may need their expertise.
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