Divorce can be a traumatic experience (both financially and emotionally). However, hiring a qualified and experienced divorce lawyer can help you make the process easier and less time consuming.
Here are some of the most crucial roles divorce lawyers play in their client’s life:
Providing Practical Guidance
Divorce lawyer can help make the entire process less emotionally draining. You can talk to him or her about factors that may affect future. These may include custody and support issues. The attorney will also serve as the mediator between you and your spouse to avoid any personal contact. This makes the process easier.
Clarifying Divorce Grounds
Each state has different grounds for divorce which allows spouses the right to petition the court for dissolution of marriage. Certain grounds may be fault-based, such as physical abuse, adultery, cruel treatment, dowry, incarceration etc. No-fault grounds for divorce are recognized by all states. However, some might need that the spouses live separately for a specific period of time prior to the court accepting and approving dissolution of marriage. You divorce attorney can clarify these grounds and much more.
Help with Marital Assets
Distribution of marital estate properly is also a great concern. Divorce lawyers are experienced in handling such cases. In most marriages, only one spouse handles fiscal matters. Hence, the other spouse is unaware of debts and assets existing within marriage. Divorce attorneys help collect records and discover liabilities and assets to facilitate divorce settlement address possessions accurately.
Creating a Debt Repayment Plan
Handling family debt may be a very traumatic experience. This might be more difficult than splitting assets. In case of a joint debt, both partners are legally responsible. There are also situations where only one spouse is held financially responsible for the debt. Divorce lawyers can help determine the way a spouse can protect himself or herself from debt attributed to the other.
Help You Learn about Property Division
One of the crucial roles played by a divorce lawyer is to explain the way property is treated during dissolution of marriage. It may be possible that each spouse may have separate property they brought into the nuptial. In some case, spouses may also have accumulated assets separately as per a postnuptial or prenuptial agreement.
These things can be explained really well by a divorce lawyer. He or she can explain if the property is equitable distribution state or community property state. This can make a huge difference on marital estate distribution.
Experienced and skilled divorce lawyers can determine spousal support and several other benefits for their clients. They will assess whether or not a spouse may be entitled to spousal support. Such support is usually ordered among spouses with different incomes. Another situation in which it can be ordered is when one of the spouses had sacrificed his or her career to promote/prosper the other’s. A portion of business may also be awarded to a spouse run by the other. Most spouses are worried about immediate financial consequences of divorce. In case, the couple has been married for 10 years or more, the spouses may be entitled to a part of pension.
Assisting with Custody Plans
Divorce lawyers are experienced in developing a specialized parenting plan for their clients that works well for the parents and efficiently addresses needs of the child/children.
Lawyers help their clients negotiate a divorce settlement related to marital estate. The process is deemed as cheaper and quicker when no litigation is involved.
Preparing Divorce Papers
Formal papers should be submitted to court for approval. The process is tedious and involves a lot of time. A divorce lawyer can assist clients with preparing these papers so that they can save time and efforts for other important tasks.
Representing in Court
This is the most crucial role a divorce lawyer plays in his/her client’s life. The lawyer will assist you to litigate your case when needed. This process might be necessary for resolving disputes associated with divorce, spousal support, child custody, etc.