Divorce can drain both parties financially, emotionally and physically, not to mention, the time it will take to complete the process. But a qualified separation lawyer can help you make this stressful process a lot easier. In this article, we will take a closer look at the tasks and roles of divorce attorneys that can help their client deal with this type of situation.
Explaining everything about divorce, including the grounds
Every state in the country has its own grounds for legal separation that give both parties the right to apply for a court petition for the marital relationship’s dissolution. Some grounds are fault-based, like cruel treatment, incarceration, abuse or adultery (or concubinage). Every state also recognizes the no-fault grounds for the divorce of marriage.
But there are places in the country that requires the parties to live separately for a particular amount time before the court is permitted to have the marital relationship dissolve. Separation counsels like Caldwell & Kearns divorce attorneys can provide the client information and explain the pros and cons of asking the courts to dissolve the marriage based on the presented grounds.
For example, it can be relevant to determine whether spousal support will be available or not, as well as the amount of support the winning party will get. There are cases that one party defects in the marriage. One of the parties may have ignored a legal requirement, legal paperwork may not have been appropriately filed or a ceremony may not have been adequately performed to make the union legal.
A divorce attorney can talk to their clients and discuss whether to annul or voiding the union is better than getting a divorce.
Providing their client objective advice
While divorce is considered as an emotional, mental and physical process, a separation attorney can help make it less stressful for their client emotionally, mentally and physically. The client can talk to their lawyers about all the factors that affect their future like custody and support issues, to make you focused less on the downfall of your marriage.
Not only that, an attorney can serve as a middle person for both parties. You can avoid any forms of contact, whether verbal or physical, to help make the legal separation process a lot easier to get through.
To know more about divorce, you can visit https://en.wikipedia.org/wiki/Divorce for more information.
Marital assets accounting
For both parties to distribute their marital estate, divorce attorneys make sure that their clients disclose every asset they have, from small and cheap coffee table to acres of land and high-end condominiums. In most marriages, one party may have handled all the money, and the other party may not be aware of their assets and debts.
A divorce attorney can help locate liabilities and assets as well as collect all vital information about their financial status so that they can settle and address all the possessions adequately.
Explain how the property will be divided
The lawyer can explain how all the property will be treated the moment the marriage is dissolved. Each party may have separate assets and property that they brought into the relationship. Other spouses may have separate assets before or after the legal union, also known as pre and postnuptial agreement.
The attorney can explain to the client, whether the estate is an equitable distribution estate or a community property estate. This attribute can make a big difference in the division of the marital estate.
Formulating a debt repayment plan
A lot of times, handling the debt of the family are more intense compared to the splitting of assets. Both parties may be legally responsible for the debt acquired during the union. But there a lot of cases in which one of the spouses is the only one responsible for the financial debt. The attorney can help find out how their client can protect themselves from the horror and stress of debt that should be allocated to their former partner.
Finding out how to deal with spousal support and other legal benefits
A separation attorney can help evaluate whether the spouse is entitled to spousal support or will be required by the courts to pay for it. The spousal support can be ordered by the courts when one of the parties has a considerable income difference or when one sacrificed their career to make their spouse’s career advance to the next level.
Click here to find out more about spousal support or alimony.
Not only that, a spouse can get the portion of the business interest that their previous partner operates. Some people involved in the process are only worried about the immediate financial repercussion of divorce. But both can be entitled to a portion of their partner’s Social Security income or pension if they have been legally married for more than ten years.
Helping devises a custody plan
A separation attorney can help their client device and develop a custody plan that can work for both parents, as well as address their children’s needs financially, mentally, emotionally and physically.