Divorce Lawyer – Discussing Points Before Hiring One
By: Megan Mason
The difference between an uncontested divorce and a contested divorce is really the main factor in family law. A contested divorce mediation is where there are differences between the wishes of the two parties involved in the divorce. Often the difference can be resolved but if this is not possible, then an attorney is needed to mediate the differences. A divorce lawyer is really a legal representative that handles divorce settlements on a daily basis as divorce is probably the most common legal matter that a family lawyer represents.
Family law encompasses a lot of issues. One of these is divorce. Divorce lawyers are experienced in dealing with all matters of divorce including prenuptial agreements, child custody and alimony. These are only a few of the issues that are involved in a divorce. It can get very confusing and overwhelming for the everyday person when it comes to making legal decisions.
Sometimes people think that they can easily sort out the details of their own divorce settlement. They feel that they can sit down with their family law attorney and talk over the details of the agreement. That is true, of course, but an experienced divorce lawyer will be able to walk you through everything from start to finish. You will have the necessary information at your fingertips to make a well-informed decision regarding your divorce.
If you decide to go with a self-settlement, your divorce lawyer can advise you of the advantages and disadvantages of doing so. He or she will explain the tax benefits of both sides of the settlement. He or she may also be able to tell you if your spouse is eligible for unemployment benefits. In some circumstances an automatic stay can be placed on alimony payments by the judge. This means that the payments stop until the court rules on the matter. Your spouse may also receive support for necessary bills such as housing and food.
It’s also important to remember that when you are considering hiring a divorce lawyer, you are in the midst of a divorce process. There are many details to consider and unless you have experience with all of them, you may not be able to proceed. Your goal is to get yourself to a satisfactory custody agreement, and it is best to use the services of a professional while you sort out the logistics of doing so. Once you have the paperwork completed and are confident of a favorable agreement, you can move ahead with the actual custody battle.
It’s also smart to hire a divorce lawyer when you are considering things like post-nuptial agreements, asset division, child custody and visitation rights. The truth is that these issues can be quite complex and most family law attorneys don’t have expertise in them. They are best served by going over them with the help of an expert in the field. This way they can provide you with an informed and helpful opinion. You will be able to go over these matters and decide for yourself if they are worth pursuing or not.
If you are looking for a divorce lawyer to work on your situation, you should start by requesting a free consultation. This way you can get the ball rolling on making sure that you have a good relationship with the attorney you choose and you feel comfortable working together. There should be no pressure put on either party and they should both be allowed to make suggestions about areas that need attention to be ironed out. This ensures that everyone wins in the end.
Hiring a divorce lawyer, is something that should not be rushed. Sometimes, you need to know that the attorney has experience dealing with the divorce process, so don’t take the first person you meet. Instead, take the time to meet with several different attorneys in order to make a good decision. This will be the best way to ensure that you hire the right attorney to work with you during the divorce proceedings.