If you find yourself considering a divorce, or if your spouse has informed you they are considering divorce, or, more bluntly, told you they want a divorce, it is a good idea to consult with an experienced divorce attorney. Some people think that all divorces are the same, or they won’t have any room to negotiate. Nothing could be further from the truth.
Divorce Attorneys Understand the Law
Whether you are in court with an experienced family law attorney, a lawyer right out of law school, or are representing yourself, you or your counsel are bound by the rules. These include rules in family law cases, the rules of evidence, rules of procedure, and, in some jurisdictions, local rules. The fact that you may not know what those rules are does not put you at an advantage. In fact, it puts you at a distinct disadvantage. There are rules about what a divorce judge can and cannot do. Additionally, there are rules about when paperwork must be filed, the format it must be filed in, and how the paperwork must be served on the other party. Finally, there are rules about how child support and alimony are calculated. Your ignorance of the law will not provide an excuse.
Divorce Attorneys Have Experience with Different Scenarios
Even if this is your second or third divorce, you haven’t seen nearly as many divorce cases as an experienced divorce attorney. This experience matters, because they may have previous experience thinking outside the box and tackling a given problem. Parenting time, previously referred to as child custody, is just one example. There are many, many different ways to share parenting responsibilities.
For example, one parent may have sole physical custody, while both parents enjoy joint legal custody. Alternatively, parents may share parenting time in an even 50/50 split. But even with the 50/50 split, there are many ways of going about setting up a parenting time schedule. There is no “right” parenting time schedule, but it is likely that some parenting plans may work better for your family than others. For example, extremely small children may not thrive on an “every other week” schedule. On the other hand, teen agers may find this arrangement suitable. One benefit of handling multiple divorce cases is divorce attorneys have worked with many families to come up with a parenting time arrangement suitable for them.
Divorce Attorneys Know When to Call in an Outside Expert
A divorce attorney knows there are all sorts of resources available to parties going through a divorce. For example, if there is a family business, an expert in business evaluation is probably a good idea. If one party suspects the other party may be hiding assets, a forensic accountant can help. Often times, parents rely on a parenting expert to contribute their thoughts as to the appropriateness of one parenting plan over another. While someone getting divorced may not know which expert to hire for their situation (if any), an experienced divorce attorney can assist you by lining up the experts you need to address sensitive topics.
Understanding the Benefits and Drawbacks of Differing Approaches
Did you know there are lots of ways to get a divorce? In addition to traditional litigation of the issues, one may choose to negotiate a settlement, try mediation, or engage in a collaborative law divorce. There are benefits to each of the approaches, as well as, in some cases, drawbacks. An experienced divorce attorney can explain each approach, and discuss the benefits and drawbacks of each. Some approaches are more suitable than others, depending on the attitudes of the parties. It may also depend on the parties’ situation. Some divorces are, quite frankly, more complicated than others. Because each divorce is different, an independent evaluation of your individual case is a necessary part of an informed approach.
A Helpful Resource
Divorce attorneys are not psychotherapists. However, they can offer insights and advice to their clients. Because divorce is almost always deeply personal, it is sometimes easy to get lost in emotions. A divorce attorney can advise their clients about when they may be letting emotions get in the way. Additionally, a family law attorney can offer resources to assist their clients, and their clients’ families, to minimize the negative consequences and disruption of divorce.
Seeking Information about Divorce?
If you are considering divorce, or if your spouse has told you they want a divorce, you need an experienced family law advocate on your side, representing your best interests. Divorce can be a frightening situation. An experienced family law attorney can assist you by guiding you through the process. Contact the law firm of Fait & DiLima today. We can explore your options, answer your questions, and help you through this difficult phase with grace and calm. We have more than 50 years of combined family law practice. Let us put our experience to work for you. Call (301) 888-6384 to schedule a consultation.