Lawyers that specifically specialize in family law and divorce are called divorce attorneys. With divorce being such a common occurrence these days – at least 50% of all marriages end in divorce – most people need to find a divorce lawyer at some point in their lives.
So, under what circumstances are divorce attorneys needed? The only time you will need a divorce attorney is when you are getting a divorce. You and your spouse (soon to be ex-spouse) will both need one, and there must not be any conflict of interest between the two lawyers. They will work with you to help you get the best possible result based on your circumstances and will act as a go-between, meaning that direct communication between you and your ex will be at a minimum.
You might think that you can save yourself some money by not using a divorce lawyer by simply coming to an amicable agreement with your ex. However, this is not recommended because divorce proceeding are complex and, even if things start off on a friendly basis, good will can quickly be worn down.
It is important that all terms of the agreement are both valid and legally binding and only a lawyer can ensure that this is the case. As well as making sure that your ex sticks to what they have agreed to do, you will also want to make sure that you fully understand the terms of the agreement that you have assented to, because once you sign it you will be bound by it. Should you break the terms of an agreement at a later date, it is not a valid legal defense to say that you only did so because did not understand, or were misled, on certain parts of it.
Another important reason for enlisting the help of a divorce attorney is that divorce laws vary from state to state. Just because you saw something on TV, or read somewhere, something that you think will be beneficial to you in the proceedings, it does not necessarily mean that it is enforceable in your particular state. For example, some states require a formal separation prior to start of divorce proceeding whilst others require only an informal one. Some require that you have first been separated for 12 months and others for just 6 months. A lawyer will be able to help you sort through all the legalities.
And, how do you go about finding divorce attorneys? Finding divorce attorneys is probably easier than finding other kinds of attorneys for the simple fact that they are so commonly needed. Someone you know has probably been through a divorce themselves and will as such be able to give you some recommendations or referrals. Should you not know anyone who been through a divorce, or if you are not satisfied with the lawyers that were recommended to you, then the next best option is to make use of a local telephone directory on an online directory. The latter is a particularly good option as they commonly come with reviews or testimonials from previous clients.
Filed under: Divorce
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