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What Does a Lawyer Do in a Divorce?

It takes immense courage to consider divorce. And while it's often the last resort, it's sometimes the right option for the parties involved. Fortunately, Jensen Family Law offers the team of knowledgeable and compassionate divorce lawyers you need to facilitate your transition.

So what's the point of hiring a lawyer? Essentially, they're an invaluable part of the process. Let's dig deeper into the subject to help you understand the role such professionals play in a divorce.

1. Dispute Resolution

Divorce lawyers help couples with dispute resolution. Truth be told, divorce can make conversations difficult, as each party stands its ground or fights for its rights. Divorce lawyers may serve as go-betweens, helping bridge the gap between you and your spouse. This may entail cooperating with the other party's counsel or negotiating a settlement on your behalf.

Such a legal representative can provide valuable advice and assistance during a stressful time, helping you make informed decisions throughout the process. For instance, a divorce lawyer can provide solutions that best serve your needs by focusing on alternative dispute resolution methods such as mediation and collaboration. They serve as impartial parties during such sessions, helping you reach amicable agreements.

Also, they may have experience in specific areas of the law, which can help you avoid costly and lengthy court battles - a negotiated settlement beats a long-drawn court battle every time. Hence, having a legal professional by your side throughout the arduous journey toward a mutually acceptable agreement can be invaluable.

2. Documentation and Representation

Sometimes, it's advisable to speak with an experienced professional about the details of your unique case. After all, divorce lawyers are trained to understand and interpret pertinent laws to ensure you get fair treatment.

Their expertise can help protect your interests and rights during negotiations and ensure your agreement is legally valid. To this end, they may draw up the necessary documents and contracts. These may include:

Spousal support agreements
Child custody and support orders
Property division documents
Divorce decrees

A lawyer tackles the complexities of drafting such documents, so you don't have to. Such documents may be essential in the event of future legal disputes. Besides, your lawyer can recommend customizable solutions to suit your circumstances.

Consulting a trusted and knowledgeable lawyer can make the divorce process much easier. They can conduct negotiations, create a parenting plan, file documents, and more. 

3. Dealing with Contentious Issues

Divorce isn't always clear-cut - often, various issues rear their ugly head. Take the case of child custody. One spouse may believe they can make better decisions than the other or are more fit to parent. As such, they may want full custody of the child or children.

Divorce lawyers can come to the rescue in such situations, mediating between both parties and helping them reach a compromise. They can provide objective insights and clarify misunderstandings so you can make mutually beneficial decisions.

Similarly, they can develop strategies to help resolve other contentious issues, such as property division and spousal support. In so doing, they can help provide the outcome both spouses have in mind.

4. Legal Advice

Nothing beats consulting a professional when dealing with matters of the law. A divorce lawyer provides sound legal advice and can clarify concerns you have regarding your rights.

This may include explaining the implications of a proposed settlement or informing you of your responsibilities as per existing laws and regulations. Your lawyer can also provide resources for additional help and support during the difficult time.

An attorney can provide sound advice, helping you deal with emotive issues that could impair your judgment. For instance, they can discuss elements that impact your future, including spousal support and the creation of a parenting plan.

Along the same lines, they can clue you in on dealing with the acquired property after dissolving your union. For instance, they can consider the impact of a prenuptial agreement on property division.

In an equitable distribution state for instance, assets are divided according to predetermined laws - a lawyer can advise on these regulations. And once you’re informed, you can shift your focus to more pertinent issues and reach a more equitable settlement.

5. Creating Debt Repayment Plans

The equitable distribution of debts is a critical part of the divorce process. A divorce lawyer can help you navigate the complexity of debt division, ensuring the right parties are responsible for a particular debt. That way, no one takes advantage of the other by saddling them with unfair debt.

They can also ensure all debts are accounted for and considered. In so doing, when you finalize the divorce agreement, you won’t face unpleasant surprises.

What’s more, your lawyer can provide valuable insights on how to minimize financial losses or maximize gains to help you move forward with your life after the dissolution of your marriage. They can also help you handle credit issues arising from splitting joint accounts and removing a spouse from an existing credit card.

6. Interpreting the Changing Laws

The legal landscape is dynamic, making it difficult to stay informed of the latest developments in the law. A divorce lawyer can keep you up-to-date on the relevant laws, from family court procedures to estate law.

Based on such information, you can make decisions that align with your situation. Plus, they can interpret the laws applicable to your case, making it easier to understand and navigate the process.

7. Finalizing the Divorce

The attorney may help you file for divorce and deal with other motions associated with it. By submitting the right formal paperwork, your lawyer can ensure your divorce case is heard promptly. And if the other spouse files a petition, your representative can respond on your behalf and provide additional information, if necessary.

Similarly, they can help finalize the divorce. To this end, they can prepare persuasive arguments and represent your interests in court. While at it, they may advise on what to expect from the court and help you prepare for proceedings. Thus, you can do so confidently when you make your case in court.

As these pointers demonstrate, divorce lawyers play a vital role in the dissolution of marriages. Don't go it alone - engage the services of a legal professional to gain a clearer perspective of your rights and obligations. In so doing, you can make the divorce process smoother and less stressful.