by James Garrett
No one looks forward to the possibility of marital separation or divorce; but if your marriage has become nothing more than friction and unease, it may be your only acceptable decision. People decide to get a separation or divorce for a wide selection of factors, but normally the more amicable these procedures the better for both parties. A divorce attorney can be amazingly helpful for protecting your interests concerning allocation of marital assets and marital residences and in child custody and support issues.
A marriage is a legal binding of the parties and, in most states, each individual has a legal interest in marital assets and a legal responsibility to marital debts, regardless in whose name the property or obligation is. It is vital that you find out in what assets you have an interest and how the distribution of assets and debts will impact your future.
Not everyone needs to obtain the guidance of a divorce lawyer, so you should thoughtfully consider whether you need to employ a lawyer for your personalized scenario. Since each case is different, there is no one-size-fits-all declaration on who should or should not use a family law lawyer. While you do not have to have a family law attorney to file for divorce, or even litigate and finalize a divorce, a lawyer will surely be beneficial in procedural issues and more so in the comprehension and application of nuances in the law.
While the laws governing divorce and procedures are generally published in plain English and readily available freely to anyone with a library card, understanding how the courts have interpreted and applied those statutes takes more than a casual review. Divorce case rulings, like any other field of law, get appealed to higher appeals courts and state supreme courts. These court rulings are indexed in a number of case reporters. Unless you understand what you are trying to find, you will never uncover it. By not using a domestic law attorney, you could lose out on an entitlement, or be forced to surrender assets or money to your wife or husband that you shouldn’t owe.
|When Should You Hire A Family Law Lawyer?|
If you choose not to retain a domestic law attorney, you and your spouse should be able to attain some modicum of communication. One intangible to having a domestic law attorney is they act as a buffer between warring parties. If you and your wife or husband cannot talk about issues of separation of property, child custody and child support, and alimony or spousal support, then you will discover the divorce procedure somewhat frustrating and more drawn out than needed. Your divorce attorney will be able to counsel you on when to fight and when you may be making unreasonable demands.
Most divorce cases finish with a negotiated settlement between the parties. The suggestions of a divorce lawyer during this negotiation procedure can be invaluable. For whatever legal fee your lawyer charges, you will find that in most situations, you will recover that amount and then some over time in what you save in payments, or gain in the value of being awarded a contested marital property.
If you and your wife or husband are in a position to negotiate a settlement between yourselves, you may wish to have a divorce lawyer draft the settlement papers. Again, a marriage is a legal joining and the documents that dissolve the marriage must conform to the law as well. Uncontested divorces can be an advisable route for many couples. A divorce lawyer may charge a modest flat fee to simply draft the paperwork and advise you on the techniques.
There are many valuable factors of acquiring the representation of a divorce lawyer. If you and your wife or husband have decided to separate, you may look at consulting with a lawyer prior to making your choice if you may need their expertise.
James Garret is the founding member of Garrett Law Group, PLC in Hampton Roads, VA. His firm staffs attorneys for criminal defense and traffic offenses, divorce attorneys, and auto collision injury lawyers.
If you have further inquiries with regards to separation and divorce, or you want to consult with a divorce lawyer in Va Beach, please contact Garrett Law Group at (757) 422-4646.