Divorce, on top of being emotionally draining, is financially draining as well. Also, the legal process makes it all the worse. The constant attending of the court proceedings and the settlement takes a considerable toll.
Without divorce attorneys, things began to feel even more weighty. Here is how divorce attorneys help their clients in dealing with the process.
First things first, the divorce attorney will make you familiar with the grounds under which you can seek divorce from your partner/spouse.
Each state has different grounds under which a spouse can file a petition for dissolution of marriage. For example, some states follow no-fault divorce grounds, i.e., spouses have the right to file for divorce with no fault of any parties and are granted the divorce on incompatibility reasons. On the other hand, some states want the spouses to live separately for a while before moving to court to end their divorce.
There are fault-based divorces like one that includes adultery, domestic violence, abuse, etc.
A divorce lawyer makes you aware of the same. He is also responsible for deciding if a fault-based divorce would be beneficial for getting spousal support.
Also, suppose there was no legal document signed or no marriage ceremony held that make the marriage legal. In that case, an attorney can suggest filing for a nullifying the marriage instead of filing a divorce.
A divorce attorney knows the ins and outs of dealing with vary of divorce cases. He will talk to you about the critical decisions that should be taken before the divorce is finalized. In addition, he looks into the custody issues, financial support, and other things that come into the limelight.
He also helps as a mediator between you and your spouse so that you don’t have to personally meet him again, making the emotional trauma of separating from each other easier.
Certain situations under which spousal support is granted are:
In some instances, a spouse may also be entitled to get a percentage of interest resulting out of working spouse business. In addition, he/she may also be entitled to spouse’s pension or social security income (provided the couple was married for ten years or more).
A divorce attorney helps determine the possible spousal support that can be granted to his client as per the state laws.
Divorce attorneys also help collect, review, and disclose all the marital property, i.e., couples debts and assets. In cases where one of the spouses is unaware of the same, a divorce attorney helps disclose them and work upon equitable distribution or as the circumstance demands.
During the divorce settlement, all these possessions are taken into consideration.
Next, divorce attorneys also makes clients aware of the property distribution. For example, the spouses may have bought their own property into the marriage or agreed on a prenuptial or postnuptial agreement.
Also, some states consider community distribution of property, while others allow equitable distribution. A divorce attorney provides knowledge on the method of distribution considered in your state before the marital estate distribution.
Distributing debt is a bigger task than a distribution of assets. If both the partners are liable for paying off debts or only one spouse is held financially responsible for debt is considered.
Thereafter, divorce attorneys can prevent clients from holding responsible for paying the debt (if the case demands).
A divorce attorney also looks into the custody plans if both have offspring after marriage. He can fight for the custody of the child if the client demands so.
He may also help in mutually deciding the best for child needs and address every problem with attaining child custody.
A divorce attorney also plays a crucial role in submitting the necessary documents before the court of approval. The lawyer prepares such papers or in other case help you in responding to a divorce petition filed by the other spouse.
A divorce attorney also tries to convince parties to settle through negotiation without involving the court. However, the process of litigation is expensive, lengthy, and, therefore, should be avoided.