March 24, 2010

Asking Yourself, “Do I Need an Attorney?” YOU DO!

Posted in Divorce tagged at 6:42 pm by demetriagraves

Even if we lived in a perfect world there would be divorces. Life just throws too many curves to be able to predict what may happen in 10, 20 or 30 years.  In a perfect world, the perfect divorce would be one of complete understanding, wouldn’t have any upset and would not require any professional assistance.

Alright, you can come back to earth now!

Feelings about a divorce may start off in a relatively friendly manner but it’s not uncommon for a divorce to get unfriendly, especially when it comes to dividing the assets (or liabilities). Despite both of you starting out with the best of intentions, any feelings of goodwill may not last to the end of the settlement. Naturally you have the option to represent yourself in your own divorce case but this is not a good idea and is not in your best interests especially when there are assets or children involved.

Perhaps you have received notification of your spouse’s desire for a divorce via their attorney. In this case, you should seriously consider arranging a divorce attorney of your own. A specialist divorce attorney can serve many functions but at the top of the list is the need for someone impartial to represent you and make sure you get a fair settlement. Your divorce attorney is also there to be your level headed guide as many divorces can end acrimoniously and it’s advantageous to have someone who will be there to ensure all your questions and worries about the proceedings are answered.

It’s vital that you have someone who is familiar with the divorce laws of your State. You wouldn’t buy a home without knowledgeable assistance, don’t consider getting a divorce without someone who has been through it all before. Another excellent reason to have yourself represented by a good divorce attorney is that there may be support involved otherwise known as alimony.

To many people the word alimony brings fear into the proceedings as it is support for the spouse. It is an amount calculated on the earning ability and standard of living both partners had as part of their marriage. Alimony can be awarded for a specified period of time or an indefinite period and this decision is based on the particular circumstances of each spouse.

Each spouse does have the opportunity to appeal the divorce settlement should their income level drop to any degree. However be aware that if spousal support is waived, then the spouse who gave up the spousal support cannot come back and ask for it again in the future.

Of course a divorce lawyer is also there to help protect pension rights, which can be vulnerable in a divorce case. Although a person may believe these are their individual property, they are not and can be divided up like everything else.

The courts do try to be fair with their division of retirement plans and pensions but having a divorce lawyer represent you will help ensure this is the case. Your divorce attorney’s fees could easily be paid out of the money you are saved in this one area alone.

If you’re thinking about divorce and don’t know where to turn for the right advice or if you’ve been served with papers somewhat unexpectedly, then please don’t hesitate to contact me for a complimentary and confidential initial consultation. I can answer all your questions and make sure that you are headed in the right direction for a fresh start.

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