Couples going through a divorce may choose to forgo hiring attorneys if the divorce is uncontested. They select this option to avoid costly legal bills and because they feel they can resolve issues on their own. Nevertheless, experts recommend hiring an attorney to review the documents and ensure they have resolved all issues before proceeding. Nobody wants to feel they have finalized their divorce and can move forward with life only to have an issue arise that they must deal with together with the former spouse. Attorneys help to ensure this doesn’t happen. How can the attorney be of help?
Separate Representation
A couple may choose to have an attorney review the divorce documents and use the same lawyer to save funds. This could come back to haunt one or both parties, as a single attorney representing both parties in a divorce brings about a conflict of interest. The attorney cannot provide adequate counsel for both parties because they have conflicting interests. The attorney must provide advice relevant to each party, even when this advice harms the other spouse. Couples find that they can go back to court once the divorce is final and claim the attorney failed to represent them properly. This leads to issues that no couple wants to deal with. The divorce allows them to move forward with life, but using the same attorney can hold them back from doing so. Visit divorcelawyersoceanside.com to learn more about why this is important.
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A Lack of Information
Although each spouse needs to get a fair settlement during the divorce, a person might end up paying more in alimony or support because of a lack of information. On the other hand, a spouse might not get all they deserve under the law simply because they don’t know their rights. The attorney ensures any agreement between the two parties is fair. A person might assume the judge reviews the agreement to ensure both parties receive fair treatment, but that isn’t the role of the judge. This falls on the divorcing spouses, and the attorney for each spouse reviews the agreement to ensure their client receives fair treatment.
Negotiations
When a couple cannot agree on certain items during a divorce, the court might call in a mediator to help resolve these differences. An attorney acts on behalf of the client during these negotiations to ensure their client isn’t’ mistreated. For instance, a person might not realize the tax implications of certain moves that the mediator is recommending. The attorney is there to ensure the client knows what these implications are and can make an informed decision how best to proceed with the property division.
Communication
Couples may choose an uncontested divorce only to find they cannot communicate and come to an agreement on various issues. They end up spending more in the long run as they fight over little things and delay the process. The attorney works to keep lines of communication open and acts as a mediator when a conflict arises and emotions impede coming to an agreement. A failure to agree in one area often leads to one or both spouses changing their mind regarding other agreed upon issues. This drags out the process. The attorney helps the client communicate their wishes, understand the other party’s position, and reach an agreement.
Emotions often come into play during a divorce and interfere with effective communication. Having an attorney speak on behalf of the client removes the emotions. This allows for better communication, and the negotiations mentioned above become easier. This leads to less fighting and a quicker dissolution of the marriage, which is what both parties want in an uncontested divorce.
Property Division
Couples often look at the assets they own and their value before splitting these items straight down the middle. As mentioned above, there could be tax implications of going this route. However, this remains only one thing a person needs to consider when dividing assets. One partner may take control of a savings account while the other agrees to take the equivalent amount in real estate. While both do increase in value, the savings account won’t increase at the same rate many properties do. This needs consideration during this stage of the divorce, and the attorney takes various factors into account that the spouse might overlook.
Additionally, the attorney becomes of great help in ensuring the other party discloses all assets. One spouse might attempt to hide assets during a divorce, even if it is illegal to do so. The attorney questions any documents submitted to ensure they divide property fairly and each spouse gets what they are entitled to.
Legal Rights
Certain states remain community property states where each spouse receives 50 percent of all assets and debts owned. However, that isn’t the case with all, and each spouse must know what they are entitled to receive under the law. Furthermore, when children are part of the equation, a person might not understand the difference between split and joint custody. The attorney assists with navigating the legal system and ensures they protect the rights of the client throughout the process.
Imagine being given split custody only to find that doesn’t mean you get your children every other week, but you share the responsibility of making all legal decisions regarding the children with that person. This means you will see the children less often and may fight with the former spouse over every decision regarding the children. This isn’t good for anyone, and the lawyer works to prevent mistakes such as these from being made, even when both parties agree on what should happen. The wrong legal terminology can lead to issues if they aren’t addressed when the divorce agreement is approved by the court. Keeping costs down remains a priority for many individuals going through a divorce. However, forgoing legal representation could be costlier in the long run. Spend the money now to avoid additional legal problems. Doing so allows you to move forward with life without worry about problems arising from the dissolution of your marriage.
