If you’re going to get divorced, and it’s a short marriage with no children or real estate, you might want to go through the divorce process without an attorney. If it’s a longer marriage with children, a home, investments and debt, you’re much better served when you’re represented by an attorney. Here are five reasons why you’ll want to give strong consideration to retaining a family lawyer for a divorce.
Mistakes
The legal system is complicated, and with the stress of a divorce it’s not at all unusual for people to fail to think clearly. David Centeno is an established family law attorney and contributor at Huffington Post. He tells us that mistakes in divorce proceedings can be costly and also result in more litigation in the future. With a knowledgeable and experienced family law attorney, the terms of your divorce will be laid out correctly the first time. Expensive mistakes and returning to court for future litigation can be avoided.
A Clearly Written Agreement
If you’re not a lawyer, you probably can’t write like one. You want a clear and understandable divorce agreement. To avoid future court dates for purposes of having a judge interpret your agreement, each point must be clearly and concisely detailed. Judges are lawyers too. They’re not mind readers. Your intent at time of presentation of the proposed divorce decree must be clearly expressed. If a judge doesn’t understand what he or she sees, they’re going to tell you to clean it up and come back on another date. An attoney will present a clear and enforceable agreement the first time around.
No Second Bites
Assets must be valued, and they have to be fairly and equitably split. They must be valued at the time of the divorce, not in the future. Experienced family law attorneys know how to argue the value of assets. If a judge accepts a property settlement agreement, and then an asset taken by one of the parties to the divorce deflates, a family law attorney can protect their client should a former spouse returns to court to seek more assets. Jeff Landers, a divorce financial analyst and contributor at Forbes commented on this in the context of investments made with Bernard Madoff. In a divorce, husband took Madoff investments and wife took others. The Madoff investments turned to dust. Husband wanted to relitigate that portion of the property settlement agreement. He got the dust because the judge held that the value of an asset can change over time. Public policy favors finality of negotiated settlements.
No Delays
The wheels of justice turn slow enough, so you don’t want unnecessary delays. Every state has its own procedures in divorce. Every county has its own, and every judge has their own. You don’t know these. According to The Bunger Law Firm, “Failure to follow necessary procedures will almost surely delay a divorce case. Family law lawyers know these procedures and the nuances involved with them. As opposed to coming back delay after delay, you want your divorce finished as quickly as possible.”
Objectivity
Divorce cases can be very emotional and issues can get highly contentious. A good family law attorney knows the arguments on both sides of a case. They can predict within a reasonable degree of certainty how a judge will rule time after time. You may want to end it all, but they know when they can get you a better result. They’re emotionally detached.
Don’t be penny wise and pound foolish. A good family lawyer will be worth everything you pay them.
