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Do I Need a Divorce Attorney If My Spouse left Over Four Years Ago?

06th October 2010
By Justin in Family Law
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If you've been separated from your spouse for over five years and have still not divorced, you may still want to consult an attorney so that you are not surprised or taken aback by anything in the divorce agreement. This is not an uncommon situation, as some couples may choose not to get divorced to avoid the cost, but may remain separated and living separate lives for a number of years before actually going through with the divorce.

By this time, ill feelings are typically less or more subdued than in the weeks or months following a separation. Both parties may simply want to move on with their lives and cut ties with their former spouse, while some may want to get a divorce so they may get remarried. Regardless, you'll want to speak with a knowledgeable family law attorney even if you've been separated for more than five years.

In any case, going the uncontested divorce route is the simplest and cheapest way to get divorced. This may be more possible five years after separation than it is right after a separation, but that doesn't mean an issue may arise that turns an uncontested divorce into a contested one. In many cases, these issues involve children, custody, support or other financial concerns.

If your spouse plans on getting remarried, you will not have to worry about paying alimony or spousal support, as spousal support orders are terminated once the party receiving the support gets remarried. If you are planning on getting divorced after multiple years and your ex-spouse is not planning on getting remarried, spousal support may be a part of the divorce settlement, although this is something you should confirm and discuss with your attorney.

During any divorce, it is a good idea to speak with an attorney to protect your rights and to ensure that your divorce goes as smoothly as possible. Especially in special circumstances such as when you have been separated from your spouse for more than five years, a consultation with a family law attorney can prove to be quite a valuable and worthwhile way to spend an afternoon.

Because a divorce is a major legal document you want an expert to handle it or review it before final recording. Schedule a consultation with an Family Law Attorney by visiting the offices of Diefer Law Group

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