Hiring Legal Representation During Divorce Proceedings
Divorce lawyers serve their clients in many ways. While many people think divorce lawyers only represent clients in divorce proceedings, they often specialize in family law and handle family law-related legal disputes. Divorce lawyers can act as legal representatives for their clients in court, divorce settlement negotiations, and child custody hearings. Additionally, divorce lawyers can act as legal advisors and mediators in amicable, uncontested divorces. The attorney uses their expertise, experience, and negotiation prowess to safeguard their client's interests throughout the divorce process. Below are some common areas that divorce lawyers can advise clients on:
Grounds for Divorce
The reasons a party to a marriage gives for terminating the marriage are called "grounds." Divorcing spouses must know the grounds on which they wish to end their marriage. Spouses who want to terminate their marriage should consult a divorce lawyer because divorce laws vary depending on the state. Each state enacts its divorce laws resulting in differences. Some states recognize "fault-based divorces" while others recognize "no-fault" divorces. Fault-based states require the spouse to justify the stated grounds such as cruelty, adultery, and abuse before granting a divorce application. Thus, spouses should consult a divorce lawyer to understand what grounds a spouse must satisfy to terminate a marriage based on their state divorce laws.
Ensuring Equitable Property Division
The division of matrimonial property is a contentious issue in many divorces. It can be challenging to determine what counts for matrimonial and personal property in a marriage. Divorce lawyers specialize in matrimonial property division and can advise clients on the applicable laws. Property division laws also vary depending on the state. Some states apply equitable distribution while others use community property state. The applicable property division system in a state dramatically affects how property is shared upon dissolution of the marriage. Divorce lawyers can explain the applicable system in each state and help divorce spouses settle their matrimonial property disputes.
Settling on Child Custody
Divorcing spouses can formulate a child custody agreement outlining how parental responsibilities are shared between the spouses. Divorce lawyers can help spouses capture their shared responsibilities in an agreement outlining custodial and visitation rights. The child custody agreement is beneficial in uncontested divorces where spouses agree to co-parenting. Additionally, divorce lawyers know child custody laws, understand the court process, and represent clients in child custody hearings. Hiring an experienced divorce lawyer increases the chances of winning a custody battle significantly. The attorney knows what it takes to demonstrate that one spouse is best suited to raise the child and should have custody. Thus, divorcing spouses should enlist the services of a divorce lawyer for effective representation.
For more information, reach out to a divorce lawyer.