Divorce: do I need an attorney?
Going through the process of a divorce is rarely a pleasant experience. At best, it can be a mutual and amicable decision where the couple realizes it’s the best outcome for both involved – but at worst it can be a stressful, emotional and even aggressive battle where legalities come into play and third parties are forced to pick a side.
Do I need an attorney? This is a question that many people wonder when filing for divorce, but it can be difficult to answer and relies on the circumstances of the break up. So, what are the different potential scenarios, and when might you need an attorney?
If you and your spouse have made an amicable decision and understand that there is no “winning” in divorce, you may be able to discuss the situation maturely and probably won’t need to hire an attorney. This is the best potential outcome for you and your spouse, as you’ll save a lot of time, money and emotional energy. By working together, you’ll have better control of your future and the matter can be kept between the two of you.
When a couple has children, divorces can get a little more complicated. Child custody can be extremely difficult to tackle and, on sad occasions, parents can get carried away and forget the best interests of their child. It’s important to put the children first and consider what the best situation is for them. However, in scenarios where you and your spouse disagree on who gets custody of your child, it’s a good idea for both parents to hire an attorney. This person will be able to fight for child custody in a mature and objective way, without any personal feelings getting involved. Just make sure you hire an attorney you trust, and don’t let it get nasty.
Another factor that adds complications when getting a divorce is getting rights to your family home. Your home might be owned together, by just one of you, or by someone else (such as a relative). Further complications might arise if you have children together and, in most cases, the parent who provides primary care will get to keep the property. This means that the child custody battle may become even more significant and potentially distressing. In situations where property is involved, hiring an attorney is certainly worthwhile. You’ll probably feel passionate about keeping life as normal as possible, and this might mean staying in the home that you love.
Here it is, the thing that divides so many of us – money. When going through a divorce, the financials can be extremely complicated and confusing. The general principle is that family assets should be divided equally – however, it is rarely that straight forward. If you and your spouse have been arguing about your finances and can’t come to a mutual agreement, it’s certainly wise to hire an attorney. They will understand how the process works and will try to get you a financial settlement.
Cape Cod Moms