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Situations Where You Need a Divorce Lawyer

Did you know that in 2024, approximately 43% of first marriages divorced, but this figure increases to around 60% for second marriages and 73% for third marriages? 


According to property division lawyer Joseph Stanier Manning, there are several situations where having the expertise of a divorce lawyer is beneficial. Still, there are others who will choose to forego legal assistance and try to deal with divorce by themselves. 


Knowing when to seek help can influence the outcome of a case.


This article will help you understand the value of a divorce lawyer and when their services are useful. 



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Complicated Child Custody Issues


Complicated child custody issues often lead to legal and emotional challenges.


Custody cases include visitation rights, who can make decisions for the child, and what is best for their well-being.


Custody is determined by a variety of factors, including the child's age, relationship with each parent, and any special needs that may exist. Courts generally consider what is in the child's best interest. Oftentimes, complications arise from disagreement between the parents. 


Situations where one parent wants to move or some changes require modified custody arrangements are some of the problems associated with child custody cases. 


Having a divorce lawyer can greatly influence the outcome of the case. They help address the needs of the child by effectively advocating for the rights of their client. 

Major Financial Assets


The division of major financial assets during a divorce can be complicated and contentious. If you and your spouse have considerable wealth, you must understand how these assets will be valued and divided. Assets include property, investments, retirement accounts, and businesses.


A divorce lawyer can help determine what counts as marital property and what is separate property. Marital property typically includes items acquired during the marriage. Meanwhile, separate property typically consists of items owned prior to marriage or received as a gift. A legal professional can assist you in documenting and determining the value of your assets, which will be useful during negotiations. 


Many law firms provide free consultations from divorce lawyers. Use this opportunity to help you through financial disclosures. A divorce attorney will see to it that all your assets are accounted for. 

Domestic Violence Concerns


Having a lawyer can be a big help in domestic violence cases. If you are experiencing domestic violence, your safety should come first. It's important to document every incident. Include the date, time, and any witnesses, as this information may be required by your lawyer when seeking protection orders or custody arrangements.


Lawyers specializing in divorce cases involving domestic violence can explain your legal options. An attorney can help you secure a restraining order, which can provide immediate protection. 


You can also look into local support services or shelters. These places can provide resources and advice tailored to your specific situation. 

Prenuptial or Postnuptial Agreements


Prenuptial and postnuptial agreements are financial tools that define a couple's financial rights and responsibilities prior to or during marriage. These agreements can help prevent misunderstandings and conflicts in the future.


A prenuptial agreement is a good option if one partner brings high assets, debt, or children from prior relationships into the marriage. It protects your interest by specifying how your assets would be divided if you were to get divorced.


A postnuptial agreement can help modify how finances will be handled in the event of a change in financial circumstances, such as inheriting assets or starting a business. Having these legal agreements can help maintain harmony in your relationship.


A divorce attorney will help you draft these agreements.

Business Ownership Disputes


Most business ownership issues often turn into heated arguments during divorce. If you and your spouse co-own a business, discussions on how to handle that asset can become very emotional and stressful. Discussions typically revolve around the business's value, each partner's contributions, and future prospects. 


It is important to identify the type of business ownership your business has. This can be a sole proprietorship, partnership, or corporation. Establishing if the business is considered marital property or not can influence how it will be divided. 


Consult an experienced divorce lawyer specializing in business disputes. They can assist you in evaluating the business's worth, negotiating terms, and protecting your interests. Document financial statements and ownership agreements to support your case.

Uncontested vs. Contested Divorce


Choosing between an uncontested divorce and a contested divorce can impact the entire divorce process.


In an uncontested divorce, you and your spouse agree on property division, child custody, and support arrangements. This type of divorce is quicker and less expensive.


A contested divorce occurs when there are disagreements on one or more issues. This can lead to complicated legal proceedings, lengthy delays, and high costs due to court appearances and negotiations.


Your choice between these two options should depend on the nature of your relationship and the issues at hand. If you can communicate effectively and make compromises, an uncontested divorce may be the best option for both of you.

Interstate or International Divorce


If you are married but live in different states, divorcing can be more complicated since every state has its own divorce laws and regulations. Understanding the local divorce policies help you prepare for divorce. Local laws can have an impact on child custody arrangements and asset distribution. 


If you have moved and your spouse is from another country, you will face additional legal challenges. Some countries have different rules for filing for divorce. Keep in mind that not all of them recognize foreign divorce decrees. The situation will be very difficult since it means you have to follow both local and international regulations.


A divorce attorney will understand the different legal frameworks surrounding interstate or international divorce situations and help guide you through the process. Having a legal professional can prevent costly mistakes.


They can assist you in gathering important documents and negotiating settlements that comply with the laws in all relevant jurisdictions.

Emotional Support and Guidance


Divorce is emotionally challenging for both sides of the party. Aside from legal services, a divorce lawyer can be a source of emotional support and guidance. 


Surround yourself with a solid support network that includes trusted friends and family members. Consulting a therapist will also help. Talking with people who experienced similar situations is important. 

Conclusion


A divorce lawyer will be your primary ally in dealing with all the complications of divorce. Expert legal advice is beneficial in addressing child custody and property issues. Invest in a skilled divorce attorney to protect your rights and alleviate the stress associated with divorce.


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