Skip to main content

Should you have an attorney for a divorce?

If you are thinking about a divorce or your spouse has already filed for a divorce, it is a good idea to get an attorney. This is something that you should do to protect yourself. You will have a lot of questions and you will defiantly need to have answers. You need to be made aware of all the possible outcomes and do what you need to in order to protect your future.

There is always the option of representing yourself in a divorce proceeding. However, this is not always the recommendation. If there are serious questions involved like children or assets, it is better to have the assistance of an attorney. The attorney can represent only one of the parities involved. If you are not able to afford an attorney, the judge may seek assistance for you from your spouse.

One reason to get an attorney for a divorce proceeding is because there may be spousal support involved. This is called alimony. Depending on the length of time you were married, the age and health of the parties involved, and the ability for one of the parties to earn income and maintain the marital standard of living, the court may order support paid by one spouse to another. This is different question from child support.

Spousal support can be for a limited time period or for an indefinite period depending on the circumstances. It can be reviewed if there is a significant change in the circumstances of either the former spouse. If the spousal support question is waived, then the party giving up the support may not ever come back to ask the court to award it again.

You may also want to have an attorney to protect pensions and retirement accounts. Pensions and retirement are marital property and it can be divided in a divorce. They can be given a present value based on the kind of pension and the parties’ rights to receive an income from that pension. Usually the court system is fair in this decision, but an attorney will fight for your rights and make sure that your side of the fight is heard.

If you are not happy with the attorney that you have hired, you should defiantly talk to them about it. Explain your case and make them understand why you are not happy with their work. If you cannot work out the situation with your attorney, you do have the right to find another attorney at any point in the game.
Labels:

Comments

Post a Comment

Popular posts from this blog

Divorce, Child Custody, and Family Law - What Not to Do in Your Family Law Case

At the end of a divorce or child custody case, there aren't any "winners" or "losers" in the traditional sense. But often one person walks away feeling as though they attained the better outcome. Many times this outcome is the product of some mistake that the other party made. As a family law attorney, I've seen some hostile cases and I've seen people do some cruel things. Sometimes these actions are physically injurious but, more often than not, they are mentally damaging. In the end, however, they almost always come back to haunt that person. Consequently, if you are involved in a divorce case or a child custody case, don't do any of the following if you want to attain your desired result: 1) Denigrate or abuse your spouse. Nothing makes someone look worse in a family law case than someone who is cruel to their spouse. No, it doesn't necessarily mean that you are "at fault" under the law, at least not with respect to grounds for div...
Post a Comment
Read more

The Court Determines Child Custody

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child. The support order will be based on the child's needs, obligor's ability to pay, custody arrangements and the child support guidelines. The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential. When an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise. During divorce , marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter the custody arrangements until the child turns 18 or ...
Post a Comment
Read more

Surviving Divorce: What To Think About To Ensure Surviving Divorce

Surviving divorce can be a valid fear if you're contemplating getting a divorce . In order to ensure surviving divorce , you should first understand that your divorce decision shouldn't be taken lightly. Ensuring that you'll be surviving divorce can be comforting and can influence your path as you consider your reasons for divorce and take the emotional plunge into actually going through with it. Its tough enough to think about how your immediate life will be impacted by getting a divorce let alone thinking about divorce from an aspect of "the aftermath" of divorce . You may be considering a variety of things in the short term including living arrangements, spouse's schedules, attorneys, kids, property, etc. Its tough to plan so you can really ensure that you'll be surviving divorce once its finally over with. Surviving divorce , just like deciding to divorce , is about separating emotion from logic and making sure you think about the past, present ...
Post a Comment
Read more