There can be many reasons why two people decide to end their marriage. While many couples part amicably and agree on the key terms of their divorce, others take a more adversarial approach to proceedings, with the help of their divorce lawyers.
For many couples, it may not be clear whether legal representation is needed during a divorce, especially when the channels of communication between both parties are open and cooperative.
In this article, we have outlined key factors couples should consider when navigating a divorce, helping them determine whether they need to engage the service of divorce lawyers.
Are Marital Assets Involved?
Dividing marital assets during a divorce can be a straightforward process for some couples, yet highly complicated for others. Jointly owned assets such as property, money in joint bank accounts, and investments are generally divided equally between the parties, however, there may be situations where an equal split does not reflect the financial or non-financial contribution of the parties.
In cases where the parties disagree on the division of marital assets, it is advisable for them to speak with separate divorce lawyers such as Freed Marcroft's prominent United States divorce lawyers, who can advise them of their rights and the best course of action to take.
Are Children Involved?
It is common for parents to disagree on the custody arrangements of their children following a divorce. Both parents may seek sole custody of their children, while others may disagree over joint custody arrangements. In addition, disputes may arise over visitation rights, and decision-making power regarding matters such as their children's education, health and other important issues.
In these situations, it is beneficial to seek advice from an experienced family law or child custody attorney. An attorney can help parents understand their rights, help with mediation, and work with them to create a parenting plan that is in the best interests of their children.
Has One Spouse Hired a Lawyer?
Where one party has legal representation and the other does not, there is a risk of creating an unlevel playing field. The party that is represented by a lawyer may hold an advantage as they have a greater understanding of their rights, and the legal process and benefit from negotiating terms that are more favorable for them.
This is particularly important in situations where one party has more power or influence over the other. For example, one party may have greater financial resources and may try to conceal assets from the other. Separate legal representation is advisable to avoid an imbalance of power and ensure a fair agreement is reached that benefits both parties in the long run.
Administrative Tasks
In some cases, a lawyer may not be needed to finalize a divorce but rather to deal with administrative tasks such as filing divorce papers, drawing up parenting plans, or simply explaining areas such as alimony or asset division.
Even if both parties feel confident finalizing their divorce themselves, it is advisable that a divorce lawyer review their agreement. This ensures it is fair, reflects their intentions and avoids potential disputes in the future.
These steps can serve as a guideline to help parties know whether or when to hire a divorce lawyer.
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