The Exact Role of A Lawyer In A Divorce Process

Going through a divorce will never be a pleasant or easy situation. Besides passing through a complicated legal process, you’ll have to face emotional challenges and even financial ones. It might seem like going through a divorce process is something you can do by yourself, but it will be better to hire a lawyer to take care of the matter. Even if the other party agrees on the divorce, hiring an attorney would be the best way to take care of your interest and ensure that you will come out the best of this episode.

Also, a lawyer will give you the best tips for easing the divorce process and avoiding tricky and complicated situations. That way, you’ll ensure that your divorce will go smoothly (as far as possible) and that the other part won’t take any kind of advantage. But what would be the role that the lawyer will have in the divorce process? Keep reading and discover the main reasons why you should hire a professional for this matter.

Objective Advice

First of all, the main thing that you’ll require will be objective advice about the situation you’re going through. An attorney will be the one in charge of leaving the emotions behind and finding the best solutions for everyone involved. The lawyer will discuss with you factors that might affect your future, like child’s custody or spousal support. It is important to have an expert’s insight on the matter that also will be free from any kind of gut decisions that might not be the best for you.

On the other hand, besides giving useful and objective advice, the lawyer can avoid personal contact between you and your spouse. This technique can make the divorce process easier for you.

Grounds for Divorce

Are you aware of the different types of grounds for divorce? Well, an attorney will be fully aware of them and will explain the valid causes for a divorce to you. You must be aware that they are two types of grounds for divorce:

  • Fault-based ones. In this term will enter adultery, alcoholism, sexual abuse, cruel treatment, abandonment, emotional or physical abuse, substance abuse, etc.
  • Non-fault grounds. Here we will be talking about incompatibility, irreconcilable differences, etc.

A lawyer will thoroughly explain to you the benefits that you might have by asking the court to dissolve the marriage based on fault grounds. This can be important for a child’s custody or spousal support.

Marital Assets & Property Division

Whenever a divorce is taking part, it is important to do an accurate accounting of the marital assets. To do so, the clients must disclose all their assets. There are divorce scenarios in which the other spouse was not aware of the debts and assets that the other party has while being married. The divorce lawyer will collect all the information and records to properly address the possessions on the divorce settlement.

On the other hand, the attorney will explain how the property will be treated with the dissolution of the marriage. For instance, both parts might have had separate properties brought into the marriage or accumulated assets separately due to a prenuptial agreement. Such characteristics can make a difference in the distribution of marriage properties.

Spousal Support

In some marriages, it is common that one of the spouses sacrifices his/her career to support the other spouse’s profession. On the other hand, they might be cases in which spouses have very different incomes. In both scenarios, the spouse with more income or the one that benefited from the other party sacrificing his or her career will be required to give spousal support.

Also, if one of the spouses runs a business, it’s common that the other spouse will be allowed to get a portion of the business interests. These agreements will vary depending on the scenarios of divorce, which make it important to have a professional on the field by your side.

Custody Plans

Developing a parenting plan that will work beneficially for both parents and the kids might be a trickier task to accomplish. However, that’s the reason why the attorney will work that out for you, and will ensure that the child’s needs are addressed too. If either spouse is making it difficult to reach a custody agreement, the attorney can intervene with his or her advice.

Remember that your lawyer will take care of your interests and ensure the best possible result in every agreement.

Other things that the lawyer will do…

  • Prepare the divorce papers

To start with the divorce process a divorce petition must be filled out. The lawyer will ensure that any formal paper is filled properly and submitted to the court for approval.

  • Negotiating a settlement

In case your spouse and you agree on everything (like the custody, support, or property division) this part won’t be necessary. However, it’s hard to find a scenario like this one, so, commonly, it will be needed to negotiate a settlement. The court will schedule the settlement conference to have the spouses and attorneys there to discuss the case and get to an agreement.

  • Representing in court

It doesn’t apply in all cases but if the negotiations fail, then a trial would be necessary. Evidence and witnesses would be required to support any claim made and let the jury take a final decision. The lawyer will help you to litigate to resolve any dispute in court.

Last words:

Family law lawyers are not only important for explaining what is a prenuptial agreement but also to guide and supporting you through any divorce process. Having someone by your side that will help you to go through this rough situation smoothly is a must, and a lawyer would be the right person to do so. It will be active and will give important insight from the beginning of the process to the end of it. Make sure, to be honest about any situation with your lawyer so that he or she can help you in the best way possible.

Author Bio:

Hello everyone, I am Erika Rhein, a professional writer, and blogger. Here you can see my skill which gives you brief ideas on understanding all the concepts with different themes. I adore writing a blog on many topics, like Home Improvement, Automotive, Business, Health, Lifestyle, Entertainment, Pet, etc.

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