Should you have an attorney for a divorce?
Whether you are thinking about a divorce or your spouse has already filed for a divorce, it is a good idea to get an attorney. This is something that you should get for protection. Attorneys can answer the numerous questions that you will have. You need to be made aware of all the different outcomes and do what you have to in order to protect your future.
You must also realize that there is always the option of representing yourself in a divorce proceeding. However, this is not really recommended because if you have important questions at hand like children or assets, it is better to have the assistance of an attorney. Remember that your attorney can only represent one of the parities involved. If you can't afford a proper 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 in court, and the ability for one of the parties to earn 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 required 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 question 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 have 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 argue for your rights and make sure that your side of the arguement is understood.
If you are not happy with the attorney that you have hired, you should definitely talk to them about it. Explain 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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