Unfortunately, divorce is a reality. The good news is that the process of ending a marriage is not always difficult. You may be able to file all the paperwork yourself and simply wait for the judge to sign it. You may also have a paralegal take care of the paperwork for you to ensure everything is done properly and any filing or notice requirements are completed on time. This type of divorce can be accomplished without an attorney, even if one party does not want the marriage to end.
However, there are other situations in which you should hire a divorce lawyer even if you are both agreeing to the divorce. Here are a few times when you should make sure to have a legal representative for a divorce.
When There Are a Lot of Assets
If you and your spouse acquired a lot of assets over the course of your marriage, you need a lawyer to make sure that the division of property is fair and equitable to you both. While you may feel you don't want anything other than to get out of the marriage, you may change your mind about that in the future. If one of you came to the marriage with a lot of assets, whether you gained more over the years or not, you need to ensure that those same assets leave with the person who brought them. Sometimes, making good decisions regarding real estate, money, or other valuables is difficult while you are in emotional turmoil, and going through a divorce can be very emotional.
When Children Are Involved
Sure, it is easy to say that you will pay child support for your children or that the other party does not have to pay because you are fine financially. However, the truth of the matter is that you have no real say in child support because the money is for the child. This does not mean that the money is given to the child to use as they please, but it is used to help put a roof over their head and buy clothes, food, and other things that kids need to thrive. This money is to make sure the child has what they need, regardless of the financial status of the custodial parent.
Another area that needs to be addressed when children are involved is custody and visitation rights. Even when you are both in agreement that the children need to spend time with both parents at the time of divorce, things can change, especially if one spouse remarries and there are more children. A lawyer will make sure that all support, custody, and visitation is legal and adhered to until the children are adults.
When Spousal Support Is Required
Some people believe that spousal support is awarded to ensure both parties are able to maintain the same lifestyle they had while together once they divorce. This is not necessarily true. Spousal support is needed when one party stayed home to take care of the house and any children instead of going to work so they have no work history, experience, or skills to get a job. It can also be awarded when one spouse worked hard to put the other through college or technical school and the educated party now makes a very good wage while the other party still needs to work very hard just to make ends meet.
Of course, when there is a huge difference in income between the two parties, some type of spousal support may be awarded. The important thing to remember is that spousal support is almost never permanent. A divorce lawyer will work with you to make sure that you receive the support you need for as long as possible
These are reasons to hire a lawyer even when the two of you seem to agree to the divorce and splitting up your belongings. Contact law firms like that of Katzman Logan Halper & Bennett for more information.