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Many people usually go over the question of whether or not they need a divorce lawyer. Given the complicated issues connected to divorce such as property division, custody and child support payments, a divorce lawyer becomes an indispensable asset.
Quite often when couples decide to separate, the split is not amicable. If those couples later decide to divorce, they may not be able to communicate rationally in order to come to an agreement about the terms of the divorce. Not only are agreements impossible under these conditions, it is also likely to result in one party caving in to the other in order to maintain some semblance of agreement. Unfortunately, this happens far too often, and it results in disputes at a later date or the need for a modification to the divorce agreement.
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In order to avoid problems developing during the current divorce hearing or at a later date, a divorcing couple should hire their own divorce attorneys. This means they should each have a legal representative to work on his or her behalf—they should never attempt to use the same attorney or even the same law firm.
Protect Yourself
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When you don’t have an attorney, there is the possibility you will make an agreement with your spouse in order to simply get everything completed. When you hire an attorney, he or she will work hard on your behalf and make sure your rights are protected. You can place the problem of negotiating in the hands of a divorce lawyer and not have to worry about whether your spouse will attempt to manipulate you and talk you into agreeing to something that is in violation of your rights as they relate to the divorce laws in your state.
While it is certainly not a requirement to have a lawyer, and a couple could simply file the papers and allow the court to make a decision on their behalf, it is clearly more beneficial to hire a divorce lawyer. Most individuals do not know the full scope of the law and allowing the court to make the decision for them in a divorce settlement could cost the parties a great deal of money.
Fault Versus No Fault Divorce
- No fault divorce: This type is granted even without the lack of evidence that the other spouse did something wrong to warrant the dissolution of marriage. In most states, the stating that one is unable to get along with the other spouse or irreconcilable differences is enough to have a divorce request granted.
- Fault divorce: This type is granted when the partner filing has evidence to warrant the divorce. This may include reasons such as cruelty, adultery, desertion and abandonment, imprisonment and physical inability to S.E.Xually perform in the marriage.
Child Custody
Child custody is also another thorny issue that most couples are faced with pre-divorce. How does the court decide who gets to keep the kids and who is given visitation rights? At the same time, there’s the issue of child support, and what amount is acceptable depending on a myriad of factors. A family law attorney can help you negotiate the best outcome for you and your children, keeping their needs on center stage at all times.
Alimony
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Spousal support, or alimony, is something that’s catered for in the American justice system. If you make markedly more money than your spouse and you’ve been married to them for a couple of years, chances are high that you may be asked to pay them a monthly stipend as alimony. This is something that a judge will order to last for a set amount of time or until your ex-spouse gains financial stability or marries an individual who has the financial strong arm to support them in a lifestyle that they are accustomed to.
Full Financial Disclosure
Another problem that can plague couples who choose to file for divorce without a lawyer is their inability to uncover all the assets and liabilities the other spouse has. A lawyer has the resources available to ensure that his or her individual clients make a full financial disclosure. This is not something that is easily uncovered by the average person, so unless a person has minimal assets, they should definitely hire a divorce lawyer rather than attempting to use a do-it-yourself divorce kit.
Thinking of Divorce? Get Timely Legal Help Today
Don’t leave your divorce to chance; contact us today for your free consultation by calling 1-800-ATTORNEY or filling in the email form found on this page. In divorce cases, time is of the essence and the sooner you act, the better your outcome will be. Our divorce attorneys look forward to discussing this with you further.
Source: https://tholansonnha.com
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