Divorce attorneys must make decisions based on complex legal standards. This includes what discovery to request and when, how to handle your spouse in negotiations, and what type of trial to go to if the case cannot be resolved with mediation or settlement.
Having skilled legal counsel in your corner changes your outlook on your divorce and brings you objectivity and clarity. This is essential in ensuring you receive fair treatment and a positive outcome.
Defending Your Interests
A reasonable divorce attorney will protect your interests, advance your priorities and defend your legal rights during the divorce process. They deeply understand the law and will ensure all documentation is prepared correctly and filed on time.
They can assist you in identifying which assets are considered separate or community property and evaluate their worth. They can also ensure that all debts are appropriately allocated. If your spouse tries to hide or assess improper assets, they can help you uncover this.
They can also ensure that child custody and support arrangements are fair to both parties. They will help you file for sole or shared custody, if necessary, and can ensure that any spousal support payments are proportionate to your income and needs.
Negotiating with Your Spouse
While some couples can agree on their divorce settlement terms with minimal conflict, most will have a few disagreements. Having a skilled divorce lawyer to support you during negotiations is essential. This will safeguard your interests and guarantee a just outcome for your case.
A divorce attorney can also help you remove yourself from positional bargaining, focusing on your spouse’s positions rather than your own. This negotiation typically ends poorly and can worsen your situation.
Instead, your attorney can help you understand the perceptions and emotions of your spouse when negotiating a divorce settlement. This can help you see things from your spouse’s perspective and may even lead to a compromise. In many cases, parties are willing to sacrifice financial gain to address one of their emotional needs. For example, a husband may be willing to pay some spousal support to allow his wife to travel before he retires.
Filing Documents
Just like mechanics who specialize in repairing Jaguars or cardiac surgeons who specialize in repairing hearts, divorce attorneys have a variety of specialty areas they can focus on. For example, some divorce attorneys specialize in collaborative divorce, while others offer various dispute resolution methods to suit their client’s needs and personalities.
When you and your attorney are prepared to proceed with your case, a form known as a Summons will be filed with the clerk of the Supreme Court in your county or town. This form will include essential details about your case, you and your spouse, and any children you have together, all of which will be entered into the system.
You must also provide documents such as income tax returns, pay stubs, and any other documentation related to your earning capacity and financial position, especially if the judge is considering child support or alimony. Providing these documents helps the judge make informed decisions about your situation and what is fair.
Attending Court Hearings
A divorce hearing is a significant step in getting your case set for trial. A reasonable attorney is skilled at these hearings and knows what to expect.
It’s essential to choose an experienced attorney for any legal case. This is especially true with a case as personal and complex as divorce.
It would help if you had someone logical, factual, and unemotional. This helps them think clearly about your case and make decisions in your best interest.
The divorce process is time-consuming and complicated, mainly when there is high anger or hatred between spouses. When it comes to intricate matters such as spousal support, child custody, and property division, it’s more likely for a skilled lawyer to find practical solutions. They also better understand the law and how it applies to your unique situation. Choosing an experienced divorce lawyer could save you money in the long run. They can speed up the process and avoid expensive litigation.
