Paperwork to file a divorce

Filing for Divorce: A Lawyer's Role

If you are planning to file a divorce, it is important that you get your legal affairs in order. Even spouses who are on good terms can end up dealing with a nasty legal fight. Hiring a lawyer can help you avoid conflicts, minimize your stress, and understand the process. Here are some other reasons that hiring a divorce lawyer is often in your best interest.

Cordially Resolving Conflict

A divorce lawyer will professionally help you and your spouse make divorce arrangements. You may be able to negotiate some aspects of your case before going to court or appearing before the judge, or even before officially filing for divorce. A lawyer can help you and your spouse resolve these matters in a calm fashion, avoiding mistakes such as antagonizing the opposing party.

Asserting Child Visitation Rights in Court

Divorce attorneys can also help you understand how a court determines divorce custody laws and child visitation rights in your state. Most states prefer that parents have equal time-sharing rights if there isn't a history of abusive or neglect. However, issues can arise in cases where a person may have evidence against his or her partner. If you suspect that your spouse may place witnesses on the stand to testify against your parenting abilities, you should make sure that your attorney is aware of this. An attorney can help you prepare for answering difficult questions so you can profess your true parenting abilities to the court.

A divorce attorney can also prevent this sort of in-court experience altogether by trying to help you both agree on child visitation arrangements. If you arrive at an agreement with your spouse, a judge may simply honor your setup. If you want to get it settled quickly, you can even have a discussion with your spouse before you file for divorce so you know you're on the same page.

Preparing for Equitable Distribution of Assets

Divorce attorneys will also prepare you for the equitable distribution of assets. In some states, a judge has the power to determine who receives which possessions based on the facts of a case. This means that the distribution of assets does not have to be exactly equal. You may lose some of your assets if you do not make arrangements with your spouse before a court date. A divorce lawyer can draft a post-marital agreement that will have a binding effect on both parties. You can make arrangements for equitable distribution of assets and child visitation rights within a post-marital agreement.

Selecting a Lawyer

When you are going through divorce, it is important to find the right lawyer for your case. Interviewing attorneys early on can help you make the right decision. In fact, you should start looking for an attorney as soon as you decide to file for divorce.You should ask the attorney about his or her fee arrangement and prior experience in divorce law. Asking these questions will ensure that you find a reputable and qualified lawyer to handle your divorce.

Last Updated: September 29, 2016