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Should you have an attorney for a divorce?
If you are considering getting a divorce or your spouse has already filed
for a divorce, it is definately a good idea to get an attorney. The bottom
line is that an attorney is something that you should get to protect
yourself. You will have numerous questions and you will definitely need to
have the exact answers. Most importantly, you need to understand that there
are a number of possible outcomes and an attorney can help you decide what
you want to do in order to protect your future.
There is always the option of representing yourself in a divorce proceeding.
Consequently, this is not generally the recommendation. If there are serious
issues at hand such as your children or assets, it is best to have the right
answers from your attorney. The attorney can represent one of the parities
at hand, not both. If you are not able to afford an attorney, the judge may
seek assistance for you from your spouse.
One main reason to get an attorney for a divorce proceeding is because there
is often spousal support involved; this is called alimony. Depending on how
long you were married, the age and health of the parties at hand, and the
ability for one of the parties to earn any income and maintain the marital
standard of living, the court might order support to be paid by one spouse
to another. This is not child support, but an entirely different issue.
Spousal support can be issued for a limited time period or for an indefinite
period depending on the circumstances. It can be reviewed if there is a
large change in the lives of either the former spouse. If the spousal
support requirement is waived, then the party giving up the support can not
ever come back to ask the court to award it again.
You may also want to find an attorney to ensure that pensions and retirement
accounts are protected. Pensions and retirement are marital property that
can be divided in times of divorce. They can be given a present value based
on the kind of pension and the parties' rights to receive an income from
that pension. Generally the court system is fair in this decision, but an
attorney will fight for your rights and make sure that your side of the
divorce is understood.
If you are not happy with the attorney that you have hired, you should
definitely talk to them about it. Give them proper reasoning about the
problems with your case and make them understand why you are not happy with
their work. If you cannot work out the situation with your attorney,
remember that you do have the right to find another attorney at any point in
the game.
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