New Jersey Divorce Lawyer Blog
Going through a divorce is rarely a simple process. Ending a marriage and looking toward an uncertain future creates stress and anxiety and triggers a variety of emotions. Divorce laws are different in every state. Procedures may differ in every court within a state. Whether to hire an experienced family law attorney may be the most important decision you make in the divorce process. If you are contemplating a divorce, consider the following benefits of legal representation.
Lawyers have critical experience and expertise.
Judges hold persons representing themselves to the same standards as an attorney. Persons representing themselves “pro se” are expected to know the law, evidentiary rules and court procedures as well as an attorney who has practiced for many years.Divorce laws can be complex. Specific paperwork must be filled out accurately, filed in court following a specific schedule and properly served on the other spouse. It’s easy to lose track of deadlines, and non-attorneys can easily overlook issues when filling out pattern forms. An attorney will see that the paperwork is filled out accurately and that all issues are thoroughly addressed.
Attorneys are familiar with local court rules and procedures. Having appeared before local judges and commissioners for years, a lawyer will know what is most important to the person deciding a contested issue and how to present the matter to achieve a desired result.Even veteran attorneys who have a thorough understanding of the law but who don’t practice family law will hire a divorce attorney. Experience matters. Particularly if your spouse hires an attorney, you need legal representation to level the playing field.
Employing a lawyer will reduce your stress.
Divorces create emotional turmoil often making it difficult to think clearly and rationally. Having an objective advocate dedicated to protecting your interests and who will work and speak on your behalf will substantially reduce your anxiety.Many divorces turn into a battle of conflicting accusations. There is a natural tendency to want to respond to every negative statement a spouse may include in an affidavit. When people choose to argue on their own in court, it is very easy in the heat of the moment to respond emotionally and say something that may jeopardize the case. An attorney can help to determine what issues deserve a response and how to effectively and concisely frame that response to focus a judge’s attention on the most critical issues.
The objective view and sound advice provided by an attorney will help you to concentrate on the legal aspects of your case and make well-informed rather than emotional decisions. Not having to expend energy focusing on the legal aspects of your case will allow you to focus more on rebuilding your life and planning for the future.
A lawyer can help ensure that property division is fair.
For property and debts to be fairly allocated, a thorough understanding of a couple’s financial situation is required. A lawyer can skillfully use the discovery process to help ensure all details are out in the open and prevent a spouse from hiding assets. This effort will help guarantee that you ultimately receive a proper share of the marital estate. Divorce laws differ between states with some employing a community property approach and others using an equitable distribution approach. This can result in widely varying results. An attorney will be familiar with the specific laws in your community and how to present the case to achieve maximum benefits for you. By keeping you focused on the big picture, an attorney can prevent you from spending hours fighting over property of minimal value.
When business interests and retirement accounts are involved, special expertise is often required to determine the value of those assets and how they should be allocated. Specialized paperwork called a Qualified Domestic Relations Order must often be prepared for a spouse to receive a share of the other’s spouse’s retirement account. A divorce attorney can see that assets are properly evaluated and that necessary paperwork is filed to accomplish the distribution outlined in a divorce decree.
Custody and visitation conflicts can be minimized. A thorough parenting plan must be very detailed to prevent future conflict. An experienced family law attorney understands it is not enough to broadly state when the child will be with each parent. A plan should be very specific about how holidays, birthdays and special occasions should be split. Times that visitations begin and end and designating the person responsible to transport a child to and from a visit should be clearly stated.
Lawyers are effective negotiators and mediators. Most divorce cases are settled short of trial. This requires the ability for spouses to resolve issues on their own or through their attorneys. Experienced divorce lawyers will have resolved hundreds of varying scenarios. Knowledge of how courts are likely to decide specific issues is often an effective negotiating tool. In addition to being skilled negotiators, many lawyers are trained mediators who know how to help spouses achieve mutually agreeable results.
Doing things right the first time can save money. Making sure that all issues are thoroughly covered and resolved in a divorce can prevent costly, post-divorce litigation. Returning to court to modify spousal or child support or child custody issues can result in costly and lengthy proceedings just as emotionally and financially draining as the divorce.
Attorneys can streamline the legal process. A divorce can take years to finalize, particularly if spouses are set on going to trial. An attorney can help to identify the key issues, speed up negotiations or move the case to mediation and significantly shorten the time needed to reach a complete resolution of the issues. Less time to resolve the case equals less expense.
An attorney will not only help you resolve legal issues but will also provide you with a source of support and sound advice. Your attorney will be an advocate dedicated to protecting your rights and interests and shielding you from unwanted communication and undesired conflict. Finally, a good family law attorney will work to ensure that your divorce is resolved in a way that provides you with a solid foundation for your future. If you are considering filing for a divorce in New Jersey, call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.
