Reasons To Hire A Divorce Lawyer
Divorce can be a confusing, scary, and draining experience. At such a time in life, you need support from the people you trust. Although you can rely on family and friends for help, you need a good lawyer for legal counsel and representation. This post highlights legal issues that require a divorce attorney.
Divorce changes the legal status of jointly owned property. Usually, each state has unique property division laws following a divorce. In some states, the law requires equitable distribution of property, while other jurisdictions apply the fairness principle. However, fair may not mean equal. Instead, the judge may consider child custody, property value, and spouse incomes when dividing assets and debts. Since the two parties have an opportunity to divide the property in an out-of-court agreement, a divorce attorney can mediate the process. Also, the attorney can represent any party during a contested divorce to ensure that their client gets a fair share of the property.
Child Custody and Support
The court may grant parents physical or legal child custody. In this case, physical custody determines who stays with the kids and the visitation rights. Conversely, legal custody allows a parent to make crucial life decisions for the child. The divorce attorney can support the parties to create a parenting plan without court interference. However, the lawyer can represent any party if custody becomes a trial matter. Ordinarily, the attorney will help convince the judge why their client is the better fit for parental responsibility. Eventually, the judge rules according to the best interest of the child. In addition, the divorce lawyer also helps in securing child support. This way, the custodial parent gets support to maintain the child's living standards after the divorce.
A divorce attorney can also help you to get alimony. This spousal support comes as a monthly payment from a divorced partner to another per court ruling or settlement agreement. Alimony helps in balancing the economic inequality caused by a divorce. For instance, a stay-at-home parent may require continued support after a divorce if they are unemployed. Thus, you can engage a divorce attorney to determine whether you are entitled to spousal support. The lawyer will help you assess the kind of support you need, payment amounts, and tax consequences.
Fear of Violence
Are you facing domestic violence? Is your estranged partner stalking or harassing you? You should find a safe space if you fear that your spouse intends to harm you and your children. Should you decide to take away the children without legal process, the spouse may accuse you of kidnapping the children. Thus, the wise thing to do is get a divorce lawyer to take out a restraining order. This measure also applies to a partner who constantly invades your privacy. The restraining order will prohibit all unwarranted contact and allow you to live peacefully.
Whether you seek a contested or mutually agreed-on divorce, it is better to have legal representation. The divorce attorney will protect your interest and those of your child.
For more information, contact a divorce law firm in your area, such as Hart Law Offices, PC.