Should you have an attorney for a divorce?

Whether you are thinking about a divorce or your spouse has already filed for a divorce, it is a good idea to get an attorney. This is something that you should get for protection. Attorneys can answer the numerous questions that you will have. You need to be made aware of all the different outcomes and do what you can in order to protect your future.

There is still the option of representing yourself in a divorce proceeding. Consequently, this is not really the recommendation. If there are serious issues at hand such as your children or assets, it is best to have the right answers from your attorney. The attorney can represent one of the parities in court, not both. If you are not able to afford an attorney, the judge may seek assistance for you from your spouse.

One main reason to get an attorney for a divorce proceeding is because there is often spousal support involved; this is called alimony. Depending on how long you were married, the age and health of the parties at hand, and the ability for one of the parties to earn enough income and maintain the marital standard of living, the court may order support to be paid by one spouse to another. This is not child support, but an entirely different issue.

Spousal support can be required for a specific time period or for an indefinite period depending on the circumstances. It can be reviewed if there is a significant change in the circumstances of either the former spouse. If the spousal support question is waived, then the party giving up the support can not ever come back to ask the court to award it again.

Another reason you may also want to have an attorney is to protect pensions and retirement accounts. Pensions and retirement are marital property and can be divided in a divorce. They can be given a present value based on the kind of pension and the parties' rights to receive an income from that pension. Usually the court system is fair in this decision, but having an attorney will ensure that your rights are fought for that your side of the fight is heard.

If you are not happy with the attorney that you have hired, you should definitely talk to them about it. Give them proper reasoning about the problems with your case and make them understand why you are not happy with their work. If you cannot work out the situation with your attorney, remember that you do have the right to find another attorney at any point in the game.


 

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