Divorce

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Divorce Attorney


Finding the right divorce attorney can be tough when considering the seriousness of trusting your family, assets, and essentially your entire life with a new face. It is important in the divorce process to find an attorney that has your best interests in mind along with the proper knowledge and skills to protect you, your family, and your assets. Divorce is a process that can easily become far too complicated and confusing to handle on your own. Divorce attorneys can better assure the security of your assets along with providing the best options for any children involved.

When filing for a divorce, it is crucial to be aware of the laws of your area to avoid any possible confusion or frustration in the future. Divorce laws are very different between states. For example, you are unable to get divorced while living together and are required to spend a certain amount of time living separately before filing for divorce in the states Alabama, Arkansas, Illinois, Louisiana, North Carolina, South Carolina, and Virginia. A divorce attorney can help you better understand the specific laws of your state. Familiarity with these laws and the entire practice in general, these attorneys can help guide you through and help you to see a more objective view during this hard time and lead you to an ultimately quicker and smooth process that is less stressful.

What a Divorce Attorney Will Do for You


Divorce attorneys will begin with a consultation and ask you many questions to ensure that they have all the information necessary to provide the best defense for your case. Your divorce attorney may ask things like the date of your marriage, or information regarding your children and assets. You may also be asked before meeting to bring certain documents with you to the consultation. After this initial meeting, if you decide to proceed with this attorney in the divorce, the process can begin.

Divorce attorneys handle a large number of responsibilities, it is important to find an attorney that pays close attention to what you are wanting from the divorce and is fully aware of all your concerns regarding this process. These attorneys can take care of the more stressful steps in divorce like filing documents, drafting paperwork, and keeping track of important deadlines.

Divorce attorneys become essential in marriages that are ending with more hostility as your assets and safety can be at risk. Negotiating and representation in court can take away a lot of the stress of going through this process as you are never alone. Divorce attorneys can get legal preparation started in the case of a violent and/or threatening spouse to ensure you and your family’s safety.

A great divorce attorney stays in solid communication with you, goes through absolutely all options with you, and analyzes documents to assure you of what you are signing to avoid any complication or confusion that can easily come up in the divorce process. You are more likely to experience an error-free process when working with a divorce attorney.

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Areas a Divorce Attorney Can Assist You

There are so many different parts to the divorce process that can become extremely confusing depending on your case. When handling something as important and valuable to as your children and life assets, it is crucial to have a divorce attorney there to map it out for you and take away some of the stress. They acknowledge how important it is to you that these things stay protected at a time like this where anything can happen. 

Child Support - Divorce attorney will go over your case and file the appropriate documents and ensure you are aware of the terms of your child support. They are involved in negotiations that protect your rights in the case. As well as that, they can calculate an average amount that may be asked of the spouse. Cases like these can become complicated quickly so it is favorable to have an attorney present in this process to protect your rights.

Child Custody - This involves having the right and responsibility of the child. It is highly recommended to be working with a divorce attorney in this case. Your attorney can negotiate arrangements that work most favorable for both parties and keep you from losing custody from a lack of legal representation. Divorce attorneys can answer all questions you may have and guide you in making the best decisions for you and your family. Divorce attorneys will fight to ensure you keep your rights and your children. 

Asset Division - This is the process of dividing everything in the marriage. This may include houses, vehicles, furniture, earnings, and even debt. When there is a heavy disagreement between the parties, it can become crucial to obtain a divorce attorney to ensure nothing of value is getting lost in confusing agreement. It is their responsibility to negotiate with the other party and come to settlements that both can agree on. It is common for mistakes and misunderstandings in this process to arise, it is important to have an attorney answering all your questions and keeping you knowledgeable of everything you agree to and sign. Divorce attorneys know how stressful it is to have all of your assets at risk and will fight for the fair division of assets within the marriage.

When is a Divorce Attorney Needed?

A divorce attorney may not be needed in cases where there is a general agreement between both people about the divorce. However, it is a better option to have an attorney when large amounts of assets are involved between the two as high-stress situations can change a lot of a previous agreement made. A divorce attorney serves as a mediator between the couple to avoid situations getting chaotic. It is highly recommended to meet with a divorce lawyer if you are having many disagreements with your spouse regarding your divorce or if you begin to fear for your safety. Attorneys are also a great option when you do not sure of the specific laws of your state and need help getting started. A divorce attorney provides a great level of support throughout the entire divorce process so that you do no feel alone during this time.

Divorce Frequently Asked Questions (FAQ)
What is the difference between divorce and legal separation?
Legal separation gives you the option of legally separating your finances and living situation while still being married. Child support, child custody, and child division are still ordered by the court. This can be a choice for many different reasons, there may be religious reasons involved, or perhaps the couple would like to separate to discover what they really want to do. A divorce attorney can go over all options like these with you and answer any questions you have to make sure you are making the best decision for your case.
What are fault and no-fault divorces?
No-fault divorces are cases where no blame is being put on either party of the end of their marriage and that they have come to the mutual agreement to separate on no specific grounds. 

No-fault divorces were not allowed before 1969 when the US signed the first no-fault divorce bill. This meant that a reason or fault was no longer required when filing for a divorce. This began in California with the last bill in 2010 being signed by New York. One downside to this bill, however, is that the spouse does not get much say regarding the matter if the partner already wants out. A divorce attorney can make this an easier process for you by providing you with all your options.

A fault divorce is where one party claims that the other is responsible. In these cases, if reliable evidence is shown, the party at fault can lose large chunks of shared assets and must pay spousal support. The couple will also not be required to wait for a separation period. A divorce attorney will ensure you are aware of all your options involving fault divorces to ensure your rights are protected. These types of divorce will require far more paperwork and all evidence will need to be reviewed and decided upon before moving forward in a fault divorce. This can happen in cases where a spouse cheats on their partner or if one spouse becomes abusive toward their partner and/or family.
When is a Divorce Attorney Needed?
A divorce attorney may not be needed in cases where there is a general agreement between both people about the divorce. However, it is a better option to have an attorney when large amounts of assets are involved between the two as high-stress situations can change a lot of a previous agreement made. A divorce attorney serves as a mediator between the couple to avoid situations getting chaotic. It is highly recommended to meet with a divorce lawyer if you are having many disagreements with your spouse regarding your divorce or if you begin to fear for your safety. Attorneys are also a great option when you do not sure of the specific laws of your state and need help getting started. A divorce attorney provides a great level of support throughout the entire divorce process so that you do no feel alone during this time.
How long is the divorce process?
There is no one answer on how long the divorce process can take as it varies quite a bit among states and between everyone’s different cases. A divorce attorney can give you a general estimation of how long it may take for your specific case in the state that you live in. It is ideal of a divorce attorney to stay in constant contact with you and keep you updated along your process and answer all your questions.
How common is divorce?
In the United States, divorce is unfortunately very common, nearly half of the marriages end in divorce or legal separation. 
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