It’s not something you should be thinking about when getting married, but divorce is a sad reality many people face, and when it happens, you might need a divorce attorney.
Going through divorce proceedings is tiring and emotionally draining. A divorce attorney can help keep the process well organized and reduce issues and unnecessary arguments. As a party to the divorce, you are most likely emotionally vested in winning every battle, and that’s generally not the best strategy. A good attorney can also save you time, money, and headaches by objectively advising you on which battles are worth fighting, and which are unwinnable or not worth the effort.
Alimony, Maintenance, or Spousal Support
While it has many names, such as alimony, maintenance, or spousal support, many factors are considered when it comes to alimony, such as earnings, age, skills, education, and even the duration of the marriage.
With a divorce attorney, the client’s circumstances are analyzed, and the type of alimony and the period they will receive or pay alimony is brought to the table with the other party.
A divorce attorney can offer professional guidance on what amount is fair to expect and what legal rights and obligations must be met by both sides of the divorce. The divorce settlement agreement will be in accordance with the judge’s determination of both party’s rights.
Divorce attorneys help a lot when it comes to divisions of marital property and choices that can’t be made by the couple themselves. One example is the house, or in some cases houses, of the couple, particularly houses that were acquired during the marriage. When a compromise or decision can’t be reached about who gets what by the couple, a court will make the decision.
Any belongings acquired during the time of marriage are marital property, also called community property, and should legally be divided equally. It is the divorce attorney’s job to develop a strategy that, in the end, provides for the assets being divided fairly between the two parties. If a consensus is reached between the couple beforehand, however, divisions of the assets can be settled without leaving it to the court’s determination.
Separate property should be mentioned to your divorce lawyer, and you may not have to add it to the marital property being divided. This includes assets that were acquired individually prior to the marriage. As California is not a common-law state, most assets acquired individually prior to a marriage are considered separate property. To protect separate property, it is crucial to have accurate records of every investment or purchase made prior to the marriage.
If you have experienced abuse before or during a divorce, it is essential that you hire a divorce attorney. A divorce attorney can advise you on the best actions to take next as you might be too frightened or emotional to make them alone. Victims of abuse are often too willing to give up many rights just to escape the relationship.
Another reason why you should hire a divorce attorney in the event of abuse is if the abuser isn’t willing to mediate or cooperate. You should hire a good attorney to help gather and submit legal documents as evidence and present it to a judge to detail any special mitigating circumstances that may apply.
If you doubt your abusive partner’s abilities to make safe or wise choices on their own, a lawyer or attorney is strongly recommended for your case, particularly when children are involved.
Child Custody & Support
It is always suggested that divorcing parents with children hire a divorce attorney to ensure that what’s best for the children is kept in the forefront. A divorce attorney is familiar with state guidelines and can advise how to approach a custody case.
Important things have to be taken into account, such as child custody agreements and child support. A divorce attorney can help build a strategy that keeps the child(ren)’s best interests in mind in all aspects of their life. A fair amount of child support can also be argued by the attorney.
There are some cases where both parties of the divorce are in complete agreement, and a divorce attorney might not be necessary, but it’s always a good idea to have extra legal support to iron out the wrinkles of errors in judgment that may occur. While it’s great when the parents can come to an agreement, many challenging and unforeseen scenarios might be overlooked when two parents try to reach an amicable settlement without any professional guidance.
Contact Westover Law today if you are in need of an attorney to help you get through the divorce process. We have experienced divorce attorneys that are ready to take on any challenge.