Hiring a Divorce Lawyer is essential if you want to protect your interests. This legal professional will tap into a wealth of resources to provide you with the best representation possible. The divorce proceedings are difficult and emotionally draining, and you will want someone sensitive and experienced to handle your case. Here are a few things to look for in a divorce attorney.
Residency: The state in which you plan to get a divorce has unique laws. For example, if you are filing for a divorce in California, you must have lived in the state for at least six months and in the county for at least three months. Your divorce lawyer can advise you of the different residency requirements in your state.
Alimony: In some states, alimony payments are awarded after the division of assets and debts. While these payments are not equal, they do help the non-working spouse financially. For instance, if one spouse has large retirement savings or credit cards, the non-working spouse may receive alimony in order to take care of their needs. In other cases, the non-working spouse may be saddled with a high mortgage or credit card debt.
Equitable distribution: Equitable distribution of assets and debts accumulated during the marriage is a crucial component of the divorce process. It requires that the parties make full disclosure of their assets and debts. Those assets include retirement accounts, stocks, houses, and businesses. The parties may also hire experts to evaluate community assets, such as CPAs, forensic accountants, and appraisers. Parties must file a financial disclosure form under penalty of perjury and exchange Declarations of Disclosure listing their property and debts.
While most cases settle in a day or two, there are a few cases that go to trial. This can take two or three years to complete. The attorneys of a divorce lawyer can offer peace of mind and fight for the best outcome for everyone involved. They will make sure that the proceedings are fair and equitable for both parties and for the children. And, if you can afford it, you may not have to worry about the cost.
The divorce process is never easy and requires careful consideration and adherence to dissolution laws and rules. A divorce is a major decision involving dividing assets and debts, determining child custody, and potential spousal support. It is important to know that you must have been living in the state for six months to a year to be eligible for a divorce. In addition, you must obtain the necessary divorce forms from your state or county clerk’s office.
It is important to hire an experienced divorce lawyer with trial experience. Although most cases settle before they reach trial, you should look for an attorney with a reputation in the courtroom for handling divorce cases. A divorce attorney who is experienced in trial proceedings will be able to help you settle your case in a short amount of time.
