Given the highly personal nature of divorce cases, it is understandable that many turn into ugly courtroom battles. Even with this being the case, many people facing the prospect of divorce will find themselves wondering “how can an attorney help with a divorce?”
This article will explain the benefits of a talented divorce attorney, from the basics like filing divorce forms, to more complicated issues like settlement negotiations. The value an experienced lawyer can bring to your case far outweighs the cost you might face if you do a poor job attempting to manage your divorce on your own.
If you are considering filing for divorce, or are currently filing a divorce action, contact our team of experienced family law attorneys at Greenville Family Attorneys. We have extensive legal knowledge of family matters including divorce, child custody, and child support. Call us today at (864) 375-4848 or schedule an appointment through our online service for a free case review. Let us manage the legal issues while you focus on moving forward.
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How Will an Attorney Help Me?
Divorce can be one of the most difficult times a person will go through. The stress and uncertainty you will be dealing with will be against you as you try to navigate the legal proceedings. On top of this most people simply do not have the knowledge of divorce law necessary to build a solid case for themselves. With as much of an impact as divorce can have on your future, why would you leave the outcome to chance? Listed below are some of the ways an experienced divorce attorney can help you throughout the divorce process:
They Will Help You Prepare Divorce Paperwork
This one may seem obvious, but it is critical. The divorce process cannot go through without the necessary divorce paperwork being submitted correctly. Whether you are beginning the divorce proceedings or responding to your spouse’s petition for divorce, having a lawyer file the legal forms for you can help you avoid mistakes that could delay the entire process.
They Will Offer Objective Legal Advice
Divorce is an inherently emotional time. Often when making important life decisions, the cooler head will prevail. Your divorce lawyer will serve exactly that purpose, discussing a number of different factors that can impact your future, including custody issues, division of assets, and child support. Their goal will be to make the legal process as easy as possible while you manage your day to day life.
A good lawyer will always provide you with the legal counsel they believe will protect your interests, regardless of what you may want to hear. It is their job to give you all the details of your situation, good and bad, and offer you their professional opinion on how best to move forward.
While you focus on adjusting your daily life, your lawyer should present you with the advantages and disadvantages of different legal options, and give you details on things such as the length of legal proceedings, and costs. A good attorney will make sure you fully understand all of these before you move forward.
Learn More: Questions to Ask a Divorce Lawyer
They Will Educate You
Family law can be intricate and convoluted, particularly for someone with no background in it. A good attorney will offer you the information you need to understand your case and how the divorce process will proceed. Starting from your first meeting, they will make sure that you understand how and why everything in your case unfolds the way it does.
You should not make choices that impact your future without fully understanding them or their potential consequences. Your lawyer will make sure you have the knowledge necessary to make informed decisions.
They Will Explain Your Grounds for Divorce
You lawyer will be able to explain the difference between no-fault and fault-based divorce and what each may require. They will let you know if you will need to be separated for a certain period of time before being granted a divorce, or how to approach filing based on evidence of adultery, abuse, or incarceration should those apply to your circumstances.
If there was a mistake in the original marriage, say a legal requirement was overlooked, paperwork was filed improperly, or something similar, your lawyer will be able to advise you if having the wedding voided or annulled would be simpler than following divorce proceedings.
They Will Bolster Your Confidence
This may seem like a trivial benefit at first, but it really can’t be overstated. Most people are afraid of change and of the unknown, it’s completely natural. If you are going through a divorce, you will be experiencing both. You will likely feel unstable and off balance facing changing financial situations, new living accommodations, less time with your children, and many others. Having a qualified divorce lawyer to guide you through this unfamiliar territory can help you manage with less stress and less time spent negotiating and drawing up paperwork.
And in the event that the case goes to court, having a divorce attorney in Greenville with trial experience on your side can help you feel more at ease.
They Will Tell You What NOT to Do
Every bit as important as knowing what to do in your divorce process is knowing what not to do. This can be particularly important when divorce cases turn ugly. People in high emotion situations tend to not think straight and respond in ways they wouldn’t usually. An example of this might be filing false evidence in an effort to get a leg up on their spouse. This is a bad idea. In fact, an action like this could easily backfire and have negative consequences for the person who instigated it.
When your lawyer advises you against doing something, it is in your best interest to pay careful attention.
They Can Serve as an Intermediary with Your Spouse
For those going through a messy divorce, having to speak with their spouse can be a stressful, unpleasant experience. Having a lawyer to handle communication with them or their own divorce attorney may seem like a small thing, but it can be incredibly beneficial for peace of mind and a less stressful divorce process.
They Can Help Protect Your Reputation
High conflict divorce cases have the potential to get ugly. One spouse could take this opportunity to launch unjustified attacks against the other. It can be difficult in these cases to not retaliate and escalate the situation. In cases like these having legal counsel with experience in these types of cases, in which the reputation of one or both parties have needed to be managed, can be invaluable.
They Can Help You Avoid Expensive Mistakes
Experienced attorneys have seen all varieties of high conflict divorce situations before. Knowing what to look out for can carry a significant value. You may have otherwise overlooked retirement or pension plans when dividing assets, drafted unenforceable legal documents, or simply assumed that assets would be split right down the middle.
Working with a good family law attorney can help you avoid potentially critical missteps in your divorce case.
They Will Fight For a Fair Settlement, and Prepare for Court
The ideal resolution in a divorce is to negotiate a settlement that satisfies both parties. Your lawyer should negotiate on your behalf for your fair portion of the marital assets. However, sometimes things don’t go according to plan. In this case, having an attorney with a proven trial record can be exactly what you need.
Ideally your lawyer will have both qualities: they will fight for a fair settlement for you, but will also prepare a strong case for if you end up in court.
They Will Know How the Judge Can Impact Your Case
It’s important to remember that judges are people just like any other. They carry with them their own biases that can effect your divorce case, for good or bad.
An experienced divorce lawyer with past trial experience can have the knowledge of how certain judges will likely respond to certain cases. They may even be familiar with one another through the BAR association This can be critical as you can tailor your case a bit to that specific judge.
They Will Explain Property Division and Account for Marital Assets
Your lawyer will be able to explain how the division of property is handled at the end of the marriage. Each spouse may have brought assets into the marriage, and some may have accumulated assets separately following a prenuptial agreement. Your lawyer will explain how the state views the division of assets and what will be considered marital property vs non-marital property and will work to find an equitable divisible property settlement.
Many marriages have joint accounts being actively managed by only one partner. The other may not have a full awareness of the assets and debts they hold. Your lawyer will collect records (such as a bank statement or other financial documents) and locate both assets and liabilities so that you may be sure the divorce settlement covers everything.
Be Prepared: What to do Before Filing for Divorce
They Will Negotiate a Settlement
Your lawyer will aim to negotiate and reach a divorce settlement regarding all the marital assets in a way that is beneficial for you. This is usually the preferred way of handling a divorce, as it is both cheaper and faster than taking the case to divorce court in Greenville.
They Will Create a Debt Repayment Plan
Splitting up marital debt can be even more contentious than dividing the assets. There may be cases where both partners are responsible for the jointly accrued debt. In others, however, only one spouse may be financially responsible. Your lawyer will explain how you might protect yourself from debt that should be attributed to your spouse.
They Will Determine Spousal Support
Your lawyer will help determine if spousal support is appropriate in your case. Spousal support may be required when spouses have drastically different income levels or one spouse sacrificed their career for the advancement of the other. A spouse may also be entitled to a portion of the business interest run by the other spouse.
While most people going through a divorce are focused on immediate financial repercussions, you should be aware that pension, social security income, and other retirement benefits may be subject to asset division if you have been married for 10 or more years.
They Will Help Draft a Custody Arrangement
Your divorce lawyer can play a role in drawing up a parenting plan to settle custody issues after the divorce has been finalized. Fighting over custody of children is another area that can frequently cause friction in divorce cases. If you cannot reach a plan for legal custody of the minor children at this stage it is likely the final decision will be made in family court.
They Will Represent You In Court
This is the most obvious way a divorce attorney can help your case, but also one of the most important. When a divorce case heads to family court you will definitely want an attorney with trial experience on your side. They will help you reach the best possible outcome while resolving disputes over child custody, spousal support, or other issues that may arise throughout the divorce process.
Hire an Experienced Divorce Attorney
Greenville Family Attorneys has the experience to provide you with the best legal representation around. Our legal services span all aspects of family law, including divorce, child support, and child custody. If you are filing for divorce we will help you file all of your divorce papers from the original petition for divorce until you receive your divorce certificate.
During divorce proceedings we are prepared to handle whatever issues arise, from marital property issues to disputes over parenting time, we will work to find the solution that benefits you. For legal advice from a compassionate and dedicated family attorney in and around Greenville County call Greenville Family Attorneys. Divorce can be an incredibly stressful time in your life, but we are here to help! Call us at (864) 375-4848 today or schedule an appointment online for a free case consultation.