Divorce Attorney Assistance – What Is Divorce And How Can a Divorce Law Firm Near You Help?
A divorce attorney or lawyer is a law attorney specializing in divorce cases and the complex aftermath associated with it. They act as pillars for their client by supporting and assisting him/her in such emotionally as well as financially draining moment. There is never a win-lose situation in divorce cases. There is always a settlement both parties need to agree with. A divorce attorney do his or her best to get the settlement in the favor of their client. They negotiate with the court and the opposite party to get the decision in divorce related issues like child custody, property division, alimony etc. in the favor of their client. Having the right divorce attorney will likely make your situation easier than going at it alone. It is always good to have the guidance of an expert during stressful time like divorce.
Divorce is basically a judicial decree which dissolves a marriage. A divorce comes with issues of division of property and debts, child custody and care, etc. A divorce provides each person with a legal right to marry someone again. Earlier there were only ‘fault divorces’ available. Now there is the availability of ‘no- fault divorces’ everywhere, in some form at least. Before granting a divorce, there are five main issues which need to be resolved – alimony (also known as spousal support), child custody, division of debts and property, child support and visitation. If these issues are resolved, then the divorce becomes uncontested and proceeds quickly. If these issues aren’t resolved, then the divorce is contested and requires trial in which the decision on above mentioned issues lies with the family court jury.
There are some ADR methods which are tried on the divorcing couples, prior to finalizing divorce. Some of the ADR methods are – meditation, arbitration and collaborative divorce.
Alimony or spousal support is the financial help provided by one spouse to the other. Alimony is determined by several factors like age of the parties and their health issues, duration of marriage, eligibility of the spouses to earn a living etc.
Types Of Divorce A Divorce Attorney Can Handle
There many types of divorce a divorce attorney can help their clients with. Depending upon the reason of divorce, situation during divorce and the agreement on settlement, divorce law cases can be broadly classified as:
When the grounds of the divorce are based on some fault of one spouse which led to pain and suffering to the other, this type of divorce is called fault divorce. Fault divorce is often followed by some sort of punishment given by the court to the spouse who is at fault.
No Fault Divorce:
A no fault divorce is the one in which the spouse who files the divorce does not alleges the other spouse of committing some fault which led to divorce. The most obvious reasons for such kind of divorces are irreconcilable differences between the couple.
In this kind of divorce, there is no mutual understanding and agreement of settlement in the divorce related matters and the case goes to trial. The jury makes the final decision.
In an uncontested divorce, both the spouses are equally interested in reaching the settlement and speeding up the divorce process.
This is a kind of out of court settlement in which the judge acts as a third party and considers the issues of both the parties well and gives a judgment.
Just like arbitration, there is a third party involved in this type of divorce, which listens and understands the point of view of both parties but does not give any decision.
In the picture of this type of divorce, the court is missing. The divorcing couples reach to a settlement with the help of law attorneys, outside the court.
Summary divorce: This is the simplest form of divorce in which there is no issue of child custody, property division etc. It is all about ending the marriage legally.
When you speak with or hire a family law attorney, he or will will advice you on the best divorce to file or seek based on your unique situation.
Should I Hire A Divorce Attorney Near Me For My Case?
The complex divorce related issues cannot be solved on your own. There is always an urgent need to contact a divorce attorney in such cases. A divorce lawyer will understand your point of view, interest and expectations from divorce. He/she can help you explain the grounds of divorce in the court and reach to a settlement which is in your interest. An attorney for divorce can guide you to plan your course of action and assist you in various legal processes before the divorce is final. Hiring a divorce attorney in such cases is like hiring a helping hand.
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Having a skilled and passionate divorce attorney on your is very important in getting the result you want and making your divorce process go easier on you. Please call us to be connected with a family law lawyer who might be able to help you with your divorce case.
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