It may be tempting to try to skip hiring a lawyer and handle your divorce yourself, but this is not a good idea. There are a few very important reasons why hiring a property division lawyer is essential. Here are some of the things your lawyer can do for you that are invaluable during the dissolution of your union.
Help Negotiating an Out-of-Court Marital Settlement Agreement
If you and your spouse can agree on property division (and other issues involved in your divorce), you are likely to end up happier with the outcome since you control the disposition of your assets. You may also save money on legal fees and have a more amicable divorce process, which is helpful if you have shared children.
Of course, negotiating with someone with whom you can no longer remain married to is a challenge. A good property division lawyer handles these negotiations on your behalf, maximizing the chances an agreement will be reached. Your lawyer can also help you find a mediator who can help you to compromise.
Make Decisions With a Level Head
It’s far too easy to make bad choices during divorce proceedings because you can’t wait to move on with your life or because you’re angry with your spouse. But you don’t want to make decisions about the division of your property that you come to regret. A good property division lawyer offers you the advice you need to make reasoned, educated decisions.
Understanding Your State’s Divorce Laws
There are two different rules states use to divide property during divorce: equitable distribution and community property. Equitable distribution states divide marital assets in a way that is fair but not necessarily 50-50. Community property states divide marital assets equally. Your lawyer will help you understand your state laws and what factors affect the amount of marital property you are likely to receive.
Knowing and understanding the law gives you an ability to better negotiate a settlement since you know what to expect if you do go to court. You can also make future plans with a clearer picture of what property you’re likely to end up with after your marriage is over.
Representing You in a Contested Divorce
If you do not agree with your spouse on all of the issues, including property division, support and custody, then you will move forward with a divorce hearing. It’s up to you to file the right paperwork during a hearing and make compelling arguments. A good property division lawyer takes care of all of this and helps you to persuade the court to give you the property you desire.