reasons to have attorney when consider divorce

Here's why you should engage an experienced divorce attorney to guide you through your divorce proceedings.

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Do I need a lawyer for my divorce?

While a do-it-yourself divorce may be acceptable in some situations, most people should consider hiring an attorney to represent their interests. Here are five reasons that a person should consider hiring an attorney during a divorce proceeding.

What issues need to be resolved in a divorce?

The issues that need to be resolved in your divorce are property & debt, child custody, child support and spousal support. Additionally, attorney fees need to be considered and resolved in a way that makes sense for you and your spouse.

Why do people make mistakes when getting a divorce?

There are two primary reasons that people make mistakes when completing their own divorce: the legal system is complicated and the stress of the divorce makes it difficult to think clearly.

How are attorney fees determined in a divorce case?

Additionally, attorney fees need to be considered and resolved in a way that makes sense for you and your spouse. The Family Code allows the court to award fees in the amount that are “reasonably necessary” to properly litigate and/or negotiate a divorce.

Why do you need an attorney for divorce?

While the attorney will need to gather information from you, he or she will take care of almost everything else , allowing you more time to take care of yourself and your family.

What can an experienced attorney do during a divorce?

Expert Advice. Advertisement. An experienced attorney can help a person to make certain to receive everything that he or she deserves during a divorce. State laws do not necessarily support an even split of assets depending on the couple's situation.

Why do people make mistakes in divorce?

If you simply forget to address an issue such as medical or credit card debt or if you underestimate or overestimate the value of an asset, you can make a significant mistake in a divorce proceeding. Such a mistake may cause financial harm or will require future legal proceedings to correct. By hiring an attorney, you can rest assured that you case is being properly handled the first time and that you are avoiding costly mistakes that you might regret for the rest of your life.

What happens if you make a mistake in a lawsuit?

Such a mistake may cause financial harm or will require future legal proceedings to correct. By hiring an attorney, you can rest assured that you case is being properly handled the first time and that you are avoiding costly mistakes that you might regret for the rest of your life.

Can a spouse receive retirement?

In many cases, a spouse is even entitled to retirement or other income that the other spouse will receive in the future. If your marriage has any complicated issues to settle, an attorney can be an invaluable resource. For example, if there is child custody and support issues, substantial income, debts, assets or future assets (an inheritance, ...

Can a divorce decree be enforceable without an attorney?

By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce.

Can a court review divorce papers?

Though a court will review any divorce documents that you present, the court may not understand what you are trying to do on each point of the divorce. This may result in a divorce decree that states something other than what you intended. By using an attorney, you can be certain that the legal documents presented to the court will accurately state your wishes and that the divorce decree will be free of errors or unclear language that may make parts of the agreement difficult or impossible to enforce.

Is It Normal to Think About Divorce?

Yes, it is completely normal to think about divorce. Throughout the many stages of life, people change significantly. In some relationships, this change may be embraced. In others, however, it can cause strain and tension.

How Long Do People Think About Divorce Before Doing It?

This answer can vary dramatically from couple to couple. An individual may consider divorce for years before going through with a divorce, while others may decide quickly.

What Are the Signs You Should Get a Divorce?

Arriving at the decision to initiate a divorce is rarely easy. However, while all couples have different life experiences that define how they make their unique relationship work, there are a few common signs divorce may be the best solution for you.

Why Do I Need a Lawyer?

If you’ve been considering divorce for some time, or you know it is the best option for your future, it is crucial to have an experienced lawyer on your side. A qualified divorce attorney understands the many complexities of seeking a divorce in Arizona.

The Most Common Assumptions about Divorce

It is dangerous to make assumptions regarding something as important as your divorce. To avoid making assumptions about your divorce, hire an understanding and knowledgeable attorney who will help you get on the right track and make decisions that are best for you and your future.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee.

1. Mediate Disagreements

Divorce is a stressful process. And it is not uncommon for spouses to have pent up anger and frustration about the matter. These feelings of contempt can often lead to arguments, which can frustrate the situation further. Divorce attorneys can help mediate and mitigate these issues between the divorcing parties.

4. Make Sure You Get What You Are Lawfully Entitled To

Each state has different laws concerning divorce. Depending on where you were married, you may be entitled to a larger share of assets in the divorce. You may even be entitled to alimony settlement. Divorce lawyers can make sure that you are getting your legal fair share of what you are entitled to in the divorce.

5. Navigate Child Custody Laws

In marriages where there are children as a result of the union, child custody disagreements can be a major point of contention. This is another area where laws differ state. An experienced divorce lawyer can help you determine and fight for your rights as a parent.

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What issues need to be resolved in a divorce?

The issues that need to be resolved in your divorce are property & debt, child custody, child support and spousal support. Additionally, attorney fees need to be considered and resolved in a way that makes sense for you and your spouse. The Family Code allows the court to award fees in the amount that are “reasonably necessary” to properly litigate ...

What does a judge look for in a divorce case?

When deciding whether or not to order fees, the judge will look to each of your “need” and “ability to pay.” In other words, do you (or your spouse) have the ability to pay for your representation and that of your spouse? The judge will also look to see whether there is a ‘disparity in access to funds’ to retain an attorney. Even if both spouse’s are ‘well off’, the court can award fees if one spouse has significantly more income, assets and/or liquidity. Since California is a ‘no fault’ divorce state, fees are not awarded for ‘bad’ behavior outside the context of the divorce action. So, for example, if the reason you are obtaining a divorce is because your spouse habitually cheated on you, the court will not consider that as a basis for awarding you fees. However, there are limited circumstances when a spouse will be forced to pay fees for ‘bad’ behavior within the divorce action itself (see below, ‘fees as sanctions’).

How to request fees during divorce?

To request fees during a divorce, one spouse must file a Request for Order with the court. The Court will schedule a court hearing for you and your spouse to ‘argue’ your respective positions and then the judge will make a decision.

Is it expensive to hire a lawyer?

It’s no secret that hiring an attorney is expensive. Even if you are using a lawyer on a ‘limited scope’ basis to help you only with strategy or to review and revise your forms, it is still a cost that you probably didn’t plan for. So when can you request that your spouse pay your fees? Conversely, will you be on the hook to pay some or all of your ex’s lawyer costs? While there are many ways fee requests come in to play in a divorce action, we’ve limited this article to the two most widely methods for requesting fees. We hope this resource will give you the information you need to plan your divorce strategy (when it comes to fees) by helping you to understand your exposure for paying your spouse’s fees or the likelihood that you would be awarded fees if you requested them from the judge assigned to your case. For example, if you earn 5x more than your spouse or have separate property assets that are substantial, you may try to work out an agreement to contribute some funds to your spouse (so that s/he can also obtain some legal help) to avoid having him/her take you to court and possibly receive an order that awards a whole lot more to your ex. Conversely, if your spouse has offered to pay some of your lawyer costs, it may be a great indication that s/he is willing to work in good faith towards resolution.

Can a divorce judge award fees for bad behavior?

Since California is a ‘no fault’ divorce state, fees are not awarded for ‘bad’ behavior outside the context ...

Is California a no fault divorce state?

Since California is a ‘no fault’ divorce state, fees are not awarded for ‘bad’ behavior outside the context of the divorce action. So, for example, if the reason you are obtaining a divorce is because your spouse habitually cheated on you, the court will not consider that as a basis for awarding you fees.