If you are like many people in a failed marriage, you may find the possibility of divorce to be overwhelming and not affordable. In addition to being a stressful and emotional time in your life, a divorce can also be financially draining. There are a number of ways, however, that a self help divorce can be achieved through a combination of quality divorce advice from a licensed divorce attorney and cooperation from both your and your spouse. As most divorce lawyers will tell you, the least expensive way to achieve a divorce is through an amicable settlement involving both parties. If you and your spouse can agree on child custody if applicable, alimony, the division of assets and other important information relating to the divorce, you may be able to achieve satisfaction through divorce mediation.
Because a neutral third-party individual presides over the matter, both you and your spouse will need to seek the help of a divorce attorney if preferred. Although not required, a divorce lawyer can offer important information throughout the mediation process, including your rights under the current divorce laws and advice on divorce that you may not otherwise consider. A divorce mediation is quicker and more affordable than a lengthy litigation process through divorce court. There are several instances in which divorce mediation may not be an option, including a marriage that has a history of abuse or when one spouse is fearful of the other. If you prefer to file divorce papers independently after having researched your own self help divorce information, it may still be to your benefit to consult with a professional divorce lawyer. In many cases, divorce attorneys offer a free initial consultation.
It is important to inquire about this policy prior to scheduling a meeting, however, as every divorce lawyer has his/her own guidelines when it comes to client meetings and/or telephone calls. If you are able to schedule a free or low-cost consultation, it may be well worth your time to speak with a professional who can offer valuable divorce advice on your case. Because divorce lawyers are experienced and knowledgeable about local divorce laws, you may find that the information gained is priceless. Even if you choose to proceed with filing the divorce papers yourself, having spoken with a divorce attorney may prove to be helpful in the future. This is especially true if a problem should arise within the case and you can then retain the services of that same attorney who is already familiar with your situation. In most areas, legal aid is also available to help those who are financially strapped and still need help with legal issues.
Because the litigation process through divorce court is both complex and lengthy, the legal fees can quickly add up. In some instances, a trial may be the only option. For those who can work together, settle their matters in a civilized and fair fashion and wish to minimize their expenses, consulting with a divorce lawyer about various options may be a good idea. Unless you have a very good understanding of local divorce laws and the legal process in general, filing your own divorce papers may be difficult. If nothing else, a divorce attorney can help you to get the appropriate papers completed and filed while offering professional divorce advice to help make this stressful time a little less painful for all involved. The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony, self help divorce and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
A divorce attorney helps his or her client through the process of the absolution from marriage whether the couple has been married one year or thirty, and whether they have children together or businesses in multiple states. A divorce concerns the amicable or court determined terms of separation of all communal properties under individual state law by a formerly married couple. Each party’s lawyers will inform him or her of the applicable state laws throughout each step of the process. First, within some states there is a requirement to file for a legal separation to be carried out at least six months to a maximum of one year before a petition for divorce can be filed by either party. The proceedings can be assisted by a pre-nuptial agreement. However, this document is not always a part of the union, it can be contested, and an agreement can be reached without the presence of this document.
The couple’s individual legal counselors will act as the liaisons for either husband or wife’s needs in order to facilitate the clear communication of all business, asset, spousal support, and custody concerns until a final settlement is reached. The divorce attorney provides advice throughout the various stages of the divorce proceedings regardless of where the former couple has decided to withdraw, strike an early settlement, or if they end up in divorce court. Either party may initiate the divorce proceedings but there must also be a reason for the petition stated on the original document. Very early on in the process, a temporary divorce will be issued by the court presenting the legally binding status of the home(s), custody, and spousal support during the process. At this point the divorce attorneys will seek and conduct the divorce discoveries.
This is when both parties get to state their right to particular assets or custody, and/or admit blame in the dissolution of the marriage. Disclosures, interrogatories, admission of fact, request for production, and depositions are stages in the mediation process that helps to clarify all of the accounts, happenings, and itemizing of the marriage to be ended. These steps determine both parties’ final statements and evidence to the reasons for seeking release from the marriage and reasons for pursuing particular joint property . If one or both parties are dissatisfied with the mediation then the divorce attorneys will defend his or her client’s arguments in divorce court. A judge will hear and see all of the evidence expound during the mediation and declare all items split according to his or her judgment of how the cases are presented.
After the judges decision, the final divorce documents will be signed and the decided upon document will be followed insofar as compromise and separation of property, accounts, and custody. Now, whether the divorced couple should reunite is up to their ability to cooperate outside of mediation. However, the divorce attorney is there for every possible curve ball to work towards every possible compromise and victory.
A divorce attorney can help you determine what your financial situation will look like following the proceeding. This is important because you are likely going from living off of a combined income to suddenly living off of one income. The lawyer will consider debt that you and your spouse have accrued and will talk to you about options on dividing up the debt, your property, and other assets. When you are considering getting divorced, how you will live and survive financially after the case is of the utmost of concern to you. Your divorce attorney will give you an unbiased opinion to help you make the best financial decisions. Child support to help make sure that your children are well taken care of may be another issue in your proceedings. You would want to make certain that you either pay or receive enough money to make sure that your children live comfortably.
The lawyer will talk to you about the fairest division to assist your children a limit any financial sufferings that they may experience after the case. If your state orders people who are divorced to participate in counseling, your lawyer will inform you of your options for obtaining counseling services with your spouse. Some states may require that children also receive some counseling as a preliminary measure before the case or to help the child have a more stable transition. A divorce attorney will help you to transition into a normal life following the case. Talking to your spouse through your lawyer can help avoid some stress that may be associated with the proceeding. If you use a divorce lawyer, you will feel confident in knowing that your case was handled professionally and that you worked with someone who had you and your children's interests in mind. You are less likely to have any regrets regarding your case if you decide to get divorced and put your case in the hands of a competent lawyer in your area.
