“Get a lawyer!” This is probably the first thing family and friends will advise you when they learn that you and your spouse are planning to divorce. Although dissolving your marriage was not likely in your future plans, you may be wondering if seeking an attorney is necessary in your situation. You and your spouse may not have much money or assets, and the separation may be amicable. However, having a divorce attorney on your side can help you through the legal proceedings involved in divorcing your husband or wife and save you a lot of heartache.
The perception is common that lawyers get involved in divorce cases when one of the spouses wants to bleed the other. We’ve seen plenty of TV shows and movies where a beleaguered ex-husband complains that his ex-wife’s lawyer takes him for everything, but understand that not all divorce cases end this way. Attorneys are often hired to help divorcing couples reach an amicable conclusion to their marriage and resolve property and child custody issues.
Also consider these factors.
1) When it comes to child custody and visitation rights, keep in mind that if your parents are still living, they may want to see their grandchildren. An attorney can advise you on grandparents’ rights where appropriate.
2) Who will pay all the fees once the divorce is settled? He may want to have an attorney available to help him through every step of the legal process.
3) Did you or your spouse sign a prenuptial agreement? Is it contesting now? Maybe you’ve signed an agreement and want to contest it; it is good to discuss with a lawyer what can be done.
4) Do you have farts? It is not uncommon for couples to fight over custody of a beloved dog or cat. If you find that this becomes a problem, find an attorney.
5) If you or your spouse plan to leave town or state after divorce, you may have issues to work out while you’re a good distance apart. Your lawyer can act as your intermediary in some cases.
Lawyers don’t necessarily become a factor when the divorce turns nasty. Her attorney is there to guide you through the end of your marriage and ensure you receive your fair share of marital assets. Consider hiring an attorney if you are preparing for divorce.