These days, there are a great deal of divorce stories that sound more like war stories. Nevertheless, you have likely heard of divorces that turned out fairly well. What is the distinction between these two divorce scenarios?
The answer is complicated. Some things that play a role are:
- personalities of the individuals
- how much is at stake from the divorce
- how much court and lawyer involvement is needed
The less involvement from the court and lawyers, the easier the divorce.
You May Not Need a Divorce Lawyer: Making Decisions on Your Own
Making decisions regarding your divorce on your own can save you stress and money. If you are able to work with your soon to be ex on issues, then things will be better in the long run. Some of these issues include child custody and who gets what. If you are able to amicably decide on the issues, then the attorneys or court will not have to decide for you.
If you and your ex are able to resolve the bigger issues privately, you can then ask the courts to legalize the agreement and the divorce. This option has become popular. Courts also offer programs in a number of states. Some states don’t even require you to appear in court or even hire a divorce lawyer.
If you do decide to hire a divorce lawyer, you should take the time to find the perfect one for your situation. For example, if you don’t wish to spend a lot of time in court you should find an attorney that can help with this.
Maintain Tensions Low: Divorce Lawyers Often Fan the Flames
Some divorce lawyers like to fight every battle, even the insignificant ones. Your divorce might turn nasty and last a long time. You and your ex will end up spending a lot of money and might end up back in the settlement table.
Collaborative practices is when spouses and lawyers agree to not go to court and to try to settle everything. Usually contracts with lawyers state that if a settlement cannot be reached it will cause a lawsuit. This type of contract negates a financial incentive for the lawyers.
When You Might Need a Divorce Lawyer
There are certain scenarios when using a divorce lawyer is sensible. Whenever there’s a problem with abuse, whether it’s spousal, child or drug abuse, you should hire a lawyer. They can help offer you the safety you need throughout the divorce.
If you aren’t financially prepared to hire a divorce lawyer, you need to contact your regional legal aid office or perhaps a nearby bar association. You may be qualified to receive reduced or free cost approved representation.
In case you fear that your spouse may hurt you or your children, get a lawyer immediately. Proceed to a safe place, also, if necessary, get a temporary restraining order to keep your spouse away. It’s very important that you also get a temporary order for custody of your children, so you are not convicted of kidnapping.
In case you need cash, you have the right to use your joint accounts. Take the amount of cash you need and some extra for emergencies (but do not take over half of what’s there unless you absolutely need to), then also immediately file an action in court to get help.
Mediators can aid you and your spouse to get over the emotional barriers of discussion and create a few sensible divorce agreement that satisfies both your needs. Mediators facilitate a dialogue between the spouses that, normally, end in an arrangement acceptable to both sides.