In many cases of divorce, people make mistakes in following through with the process, which in most cases costs them dearly. There are, however, a number of benefits if you get the right lawyer to take charge of the matter. You can save money and time, you can solve disputes out of court, they also provide the necessary support, and there is a lot more to benefit from getting the right lawyer for your divorce case.
Avoid Litigation and Resolve Disputes Outside of Court.
It is an unfortunate reality that litigation could have been avoided in many cases if a party had hired a family law lawyer instead of one lacking experience in divorce negotiations and settlements. Practicing family law is different from other areas of civil law. General practitioners unfamiliar with divorce-related matters may inadvertently escalate conflict and hostility – especially if the other side finds them aggressive and unwilling to cooperate.
Save Time and Money.
Having a family law practitioner represent you will save you both money and time in the long run. Preparing all the necessary documents, evidence, and arguments can take one person days or even weeks depending on the complexity of your case.
You Will Not be Alone in the Divorce Process.
A divorce can be the most draining and stressful emotional rollercoaster of a person’s life. The emotional chaos can easily overwhelm a person’s decision making abilities, which is dangerous when they are making critical choices that will shape their future. With a knowledgeable and experienced family lawyer at your side, you will not be stumbling this dark time alone. A family lawyer understands what you are going through and knows how to relieve some of that burden.
Sometimes couples reach a point where they cannot bear to stay together anymore, but they still want to keep their marriage intact. In such cases, a separation can be a good choice; legal separations may sound as an option for solving internal conflicts in a gentle way. But this way of things also comes with its drawbacks.
A legal separation might work well if you want to stay married forever, you just don’t want to live together. If you reach a point where you want to end your marriage entirely, however, your state may not provide an option for converting your separation decree to a final decree of divorce. For example, in California, you have to start the whole legal process all over again, asking the court to actually end your marriage this time. This means twice the expense.
Another drawback to legal separation is that it doesn’t always terminate either spouse’s right to inherit from the other. Claims to a portion of the decedent’s estate are still valid because the marriage never legally terminated; you only asked the court for an order dictating the terms under which you would live separate and apart. If you don’t want your spouse to inherit from you, this rule could throw your estate plan into turmoil.
The term “legal” separation typically means a judicial separation, and not all states offer this option. In some states, the process goes by a different name. For example, in Maryland, it’s called a limited divorce, and in New Jersey, it’s a divorce from bed and board. In any case, the legal process is virtually identical to a divorce. You must file a petition or complaint to start the proceedings and you must serve a copy of the paperwork on your spouse.
When preparing for divorce, it takes time and consideration to know what to do and how to go about it without dive-heading into a process which may disappoint you eventually. Here are some mistakes that people make in the process of legal divorce that cost them failures in their pursuit for results.
Choosing the wrong divorce lawyer:
They say that when the only tool you have is a hammer, everything looks like a nail. Go to a shark divorce attorney, and don’t be surprised if you end up with blood on your shirt. Hire a soft-spoken negotiator when your spouse is a certified crazy person determined to fight to the death, and at the end of your case you are going to wonder if anyone got the license number of the truck that hit you.
Starting off your case with a bang:
If you start your divorce case by immediately going on the attack, you are going to create World War III from day one. Your spouse is going to respond by “lawyering up,” and attacking you back. Before you know it, you will burn through thousands of dollars, you will totally hate your spouse, and your life will be filled with drama. So, before you open the floodgates of anger, you might want to think twice about the tsunami that will come afterwards.
Fighting for custody without understanding what that means:
Legal child custody is the right to make certain major life decisions for your child. Residential custody is where your child lives most of the time. Visitation, or parenting time, is the time you spend with your child.