You and your spouse both agree the marriage is over. You live in a no-fault divorce state. In theory, all you need to do is fill out the paperwork and appear before a judge. You might be wondering if a divorce attorney is really necessary. While hiring an attorney may not be legally required to dissolve your marriage, it is almost always the right move. If you attempt to act on your own, you can damage your future in many different ways without even realizing it.
Although it’s certainly not unheard of to go through a divorce more than once, for many couples, filing for divorce represents a new experience. If you have never been through the process, you don’t know what you don’t know. Divorce is a legal issue, and the laws can be complex. If you try to proceed with legal filings that you don’t completely understand, you may end up making mistakes, and those mistakes can be costly.
Divorce is emotional. There is no way around it. Even if both spouses are in agreement to end the marriage and you think the process will be amicable, emotions run high and a divorce can quickly turn contentious. While you may be dealing with sadness, anger, and feelings of betrayal, your attorney will keep a clear head and be able to stay emotionally removed, allowing for a streamlined legal process.
Not every divorce looks the same, so getting advice from a divorced friend or family member who may have had a different situation may actually hurt, rather than help, your process. Your attorney will help you find the resolution that is right for you. Let your attorney know what is the most important to you, and your attorney can work to find the right settlement during your divorce process.
Divorce is more of a financial matter than most people realize. The transition from a combined income and joint accounts to two individuals, each living on one income, is a drastic change. An experienced divorce attorney is there to help protect you financially. This may mean determining equitable division of assets, determining spousal support that is fair and reasonable, and overseeing that debt is divided appropriately. Some spouses are so desperate to be done with the marriage that they don’t give enough thought to how things are divided, but you have rights. Your attorney will help you identify and value all your property and will work to make sure the settlement is fair.
When children are involved, divorce gets more complicated. Custody agreements are nothing to brush off. When discussing custody, the best interests of the children should always be held most important, but sometimes in the emotions of a divorce, one or both parents may be more concerned with “winning”. Custody splits, visitation schedules, and child support are all very difficult topics. Your attorney can help ensure that your children are safe, they are financially secure, and the divorce does not damage their relationship with either parent moving forward.
During a divorce, communicating with your spouse can be difficult, and you may find it difficult to advocate for yourself. If you and your partner shared a lot of assets or owned property together, there is a lot at stake. You may think that you can negotiate with your spouse on your own, but ultimately, you need to make sure that you are setting yourself up for a successful move forward. Your attorney can speak on your behalf when you don’t feel confident, make sure everything is fair, and protect your interests. Having someone who is definitively in your corner can make a big difference.
An experienced divorce attorney knows the process, can stay emotionally uninvolved, and will be there to advocate for what is fair for you. You don’t need to hire a divorce attorney with the intention of going to war, but having someone on your side will make sure you haven’t overlooked any important issues, and that you are ready for a fresh start. If you’re going through a divorce and need legal representation, contact my office today.