The divorce process begins when a couple or a partner decides that their marriage is no longer viable. Divorce is simply the process of terminating a marital union. The divorce process can be simple, uncomplicated, and quick. However, children, money, and property to divide can make a divorce complicated and nasty.
Divorce entails the reorganization of legal duties and responsibilities while dissolving the bonds of marriage under the laws of that state or country. These laws are widely varied. However, most states and countries agree upon the sanction of a court or higher authority in a legal process to issue the distribution of property, child custody, and liquid assets.
Further complicating the divorce process is child custody with visitation rights, Alimony, parenting time, child support, and debt division. In addition, after divorce, each partner may marry another person, thus entering into another marriage partnership.
Divorce processes can be settled in or outside a court of law with the assistance of a Minnesota divorce attorney or similar attorney in your area, which means that both marriage partners must hire a divorce attorney to have a fitting and practical end to the marriage, especially if there are properties, money, debts, and children involved.
Therefore, if you are contemplating divorce and reside in or near Hackensack, New Jersey, please call Carrie Schultz and Associates, a group of seasoned and experienced divorce attorneys to reasonably get you through the process. Never represent yourself in your divorce case while your spouse has an experienced attorney. The result will not fare well with you; in addition to being emotionally, physically, and financially draining, there are specific grounds for divorce and the dissolution of the relationship and properties.
Many Reasons Why You Need a Divorce Attorney
A seasoned and experienced divorce attorney could help your divorce proceedings go smoother than if you represented yourself. State laws say that there must be specific grounds for divorce. These grounds give one of the marriage partners the right to file a petition to dissolve the relationship. While some grounds for divorce are fault-based, some are not. Fault-based grounds could include issues such as, but not limited to, incarceration, spousal or child abuse, cruel mental, emotional, or physical treatment.
You must know the laws of the state you reside in because while all states recognize no-fault divorce, some states require the husband and wife to live apart or be separated for a specific time before they can dissolve the marriage. Therefore, it would be best if you had an attorney by your side.
Asking to avoid a separation may be possible if your attorney asks the court to dissolve your marriage based on fault. Some divorces transpire because the marriage was defective. In these cases,
- It takes the expertise of your attorney to discover this legal requirement. It takes an attorney to know the proper paperwork and fill it out before filing it correctly.
- It takes the expertise of an attorney to discover if the marriage was ever legal.
- In addition, it takes an attorney’s expertise to find out if other options rather than a divorce are appropriate such as, simply voiding the marriage or annulling the marriage.
- A seasoned and experienced attorney has a keen view of your future. This attorney knows what factors may affect your future after your divorce, such as support, child custody issues, visitation rights, division of debts, and much more. Unfortunately, in most cases, neither marriage partner thinks about anything other than the divorce proceedings and the end of a marriage relationship, and not the divorce effects.
- If you have difficulty speaking with your spouse, your attorney can do all of the communications. Your attorney helps make the divorce process easier because you do not have to meet with your spouse constantly. This third-party communicator is especially helpful if you do not have a good relationship or cannot carry on civil communication.
- When it comes to the distribution of property, there is usually one spouse who never knew what went on with the assets because the other spouse handled the finances. One spouse may not be aware of all assets or debts incurred during that marriage. It takes your attorney’s expertise to divide and conquer finances in a divorce.
- Your attorney is aware of all the records, debts, and assets needed so there can be a fair settlement for both sides. In addition, your attorney can adequately address the subject of finances. For example, your attorney finds out what assets each spouse had before marriage and what was accumulated during the marriage, which the spouses need to divide fairly. Your attorney needs to know if there was a prenuptial or a postnuptial agreement that clearly defines all assets.
- During divorce proceedings, the estate distribution depends on if your state is a community property state or an equitable distribution state.
- As your attorney sifts through your marital debt, an unveiling of unknown debt by you or your spouse can surface, which in turn can reap angry, hostile emotions. It is at this time that your attorney constructs a repayment plan for outstanding debt. In most divorce proceedings, it is usually one spouse who is held financially accountable for the debt. If you were not responsible for a large part of debt during your marriage, your attorney could protect you from that debt.
- Usually, one spouse must pay the other support because this is what they are entitled to receive. That spouse may be required to pay support every month. It takes the expertise of your divorce attorney to help calculate support. Attorneys see this happen in marriages where each spouse realized very different incomes. There are instances where one spouse gave up a bright career to help the other spouse advance their career. This spouse may be entitled to sizeable support depending on their spouse’s income level.
- Many other issues would factor into a property division such as a 401K, health insurance, life insurance, pensions, and Social Security income if the marriage were viable for at least ten years.
- When there are children below the age of 18-years of age your attorney can assist couples in developing a plan for the children that offers each parent reasonable time with the children while addressing the children’s needs.
- The paperwork involved in any divorce hearing must be filled out correctly and submitted on time. Your attorney helps you meet this requirement. In addition, a response to a marriage partner’s divorce petition is required, and your attorney can fulfill this requirement.
- Settlements can be complicated and complex if there is a sizable estate. Your divorce attorney can help you negotiate your fair compensation. It is always cheaper and better to settle out of court because it does not involve litigation and nasty spousal battles in court. However, sometimes a difficult divorce must be resolved in divorce court because there is no other way as the disputes are too contemptuous regarding child custody, support, and property division.
- Your attorney also handles uncontested divorce proceedings. An uncontested divorce is better for the spouses and the children. In these cases, spouses agree to how assets are divided. In addition, they agree on child support and custody issues, alimony payments, and all other issues. This type of divorce is an attorney’s dream case. However, each spouse should hire a seasoned and experienced attorney for their protection. Besides, this attorney can make sure the divorce process is truly agreeable with both parties.
Call to Action for a Fair and Agreeable Settlement
By reading through all the reasons why you need to hire a divorce attorney, you discover that there is much that a divorce attorney must seek out during the dissolution of a marriage. There are many bases to cover and a mound of paperwork to complete. The ordinary layperson is not able to navigate a divorce successfully. In addition, most spouses are not lawyers and are not aware of all the legalities that need attention. All these particulars that your attorney must pay attention to affect the future of each spouse. Make sure to explore your options with a New Jersey Divorce lawyer ready to handle any divorce while meeting your and your children’s needs.
