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 unique outcomes and do what you can 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 big questions at hand like
children or assets, it is better to have the help 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.
A big reason to get an attorney in times of divorce is that there
may be the question of spousal support involved. This is called
alimony. Alimony is determined by on the length of time you and your
spouse were married, the age and health of the parties involved, and
whether or not it is possible for one of the parties to earn income.
If they can't earn income, then they can't maintain the marital
standard of living. In this case, the court may order support paid
by one spouse to another. Remember that this is different question
from child support.
Depending on the circumstances, spousal support can be for a limited
time period or for an indefinite period . If circumstances change in
the lives of one of the spouses, alimony can be reviewed again. If
in fact the spousal support is waived, then the party giving up the
support can't 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 divorce is
heard.
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.
Los Angeles and Orange County divorce lawyers
and attorneys
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