Are you planning to represent yourself in a divorce proceeding. I have one word for that decision: “MISTAKE.” Where significant property or custody issues are involved, it is suicide to represent yourself in a divorce proceeding. In most states, divorce laws are very complicated to understand. Valuing assets and dividing them fairly is a tricky proposition. Moreover, it takes a fair level of negotiation to hammer out a custody arrangement and child support that is fair to both parties.
A family attorney has the skill and expertise to properly determine the value of assets and calculate support payments that are consistent with the laws of your state. You owe it to yourself to read this short article and learn how a divorce attorney can protect you in the family court system.
Property and assets are a major point of contention in a divorce proceeding. Having more property, money and assets makes the entire divorce more complicated. In dividing the property, each party must make a determine of both the fair market value of the property (as well as its value to each party).
Even where valuation of the asset is not straightforward (such as valuing a family business), the divorce attorney can find experts to assist in arriving at a fair value for the asset. However, while division of property is often a major concern, this issue pales in comparison to the issues surrounding children, custody and support.
Children are a major complicating factor in most divorce proceedings. Even though the legal standard in most states is to do what is “in the best interest of the children,” many loving parents do not act rationally with respect to custody and support.
Unfortunately, many loving parents forget that this is the legal (and moral) standard. Instead, they act irrational and often use the children as “weapons” to hurt the estranged spouse. A divorce attorney can help the parties act more rationally and avoid harming the children. The complicating factors associated with custody are enough of a reason to justify retaining a divorce lawyer. Custody and support should be left to professionals.
If you have property or custody issues, you have no business representing yourself. Instead, you need to hire a divorce attorney who can help you protect your rights. Find an attorney by researching them on the internet or asking trusted friends or relatives for a referral.
A divorce attorney (as opposed to a general practitioner) will possess the expertise to discover and properly value all of the assets in the marital estate. Furthermore, the divorce lawyer will help you craft a custody and support arrangement that is fair and represents the “best interest of the children.” A divorce attorney will ensure that you are treated fairly and that your voice is heard by the family court even where you are too emotional to think or speak rationally.
Now that you understand the issues involves, do you understand why you need a divorce attorney? Where there is a large marital estate or there are children involved, you simply cannot afford to represent yourself. Property valuation and division is tricky and can lead to an unequal distribution of property. Custody issues cause tempers and emotions to run high. You need a divorce attorney to help you value property fairly and find an arrangement that is in the best interest of the children, even in the midst of high emotions.
When you are dealing with either of these issues, hiring a divorce attorney represents a smart investment in terms of time and money. You are not a lawyer and your divorce is not a “do it yourself” project.
Read this before you decide to file for divorce.
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