Divorce can take a toll on your physical and emotional health. It’s a complex legal process that’s difficult to manage alongside other responsibilities like work and childcare. Hiring a Henderson divorce lawyer is highly recommended to ensure a smooth process. From the initial consultation to the divorce proceedings, here’s how an expert lawyer can help you.
1. They’ll Determine the Grounds for Divorce
During the consultation, your lawyer will walk you through the grounds for divorce. Every state has grounds under which a spouse can file for a divorce. In some states, there are no-fault grounds for divorce. That means spouses can file for divorce based on incompatibility without anyone being at fault. In others, the court requires spouses to live separately before granting them a divorce.
An at-fault divorce is when you seek divorce due to reasons such as abuse, domestic violence, adultery, or similar reasons. Your divorce lawyer will help you decide the grounds for divorce by considering whether an at-fault divorce is beneficial for getting spousal support.
2. They Help Document Your Assets
For a fair distribution of marital assets, it’s important that you disclose all your assets. If your spouse handles the finances and you’re unaware of current assets and debts, it can be difficult to do so.
Even if you don’t intend to conceal some assets, it’s possible that you may forget to account for them. Working with an experienced divorce attorney helps you ensure that you’re disclosing all the different marital assets, such as real estate, vehicles, retirement plans, and others.
3. Explains Division of Marital Property
All property isn’t subject to the same rules of division during the divorce process. Working with a divorce lawyer can help you determine how a specific asset will be treated after the dissolution of your marriage.
You may have some assets from before getting married. Similarly, you may have acquired some assets over the course of your marriage, according to a prenuptial or postnuptial contract. Your attorney will explain the difference between community property and equitable distribution, as well as how it affects your outcomes.
4. Discusses Spousal and Child Support
When getting divorced, a major factor to consider is whether you’ll be receiving or paying child or spousal support. The court may order one party to pay spousal support to the other in cases where one earns a significantly higher income.
Similarly, if one spouse sacrifices their career for the other’s business, they may be entitled to a portion of their interest. Then, there’s also the factor of child support. This involves discussing whether you want to gain full or joint custody of your children.
If you and your spouse agree on joint custody, your Henderson divorce lawyer can assist you in forming a suitable parenting plan that takes children’s needs into account. And if you’re aiming for full custody, your lawyer can guide you on how you can turn the odds in your favor.
5. Remain Objective During Communication
While every person aims for an amicable divorce, it’s not always possible. And in these situations, you may have some negative feelings towards your soon-to-be ex-spouse. This can make communication difficult and lead to various hurdles.
During this time, your lawyer will not only be on your team, but they’ll remain objective during all communications with your spouse’s divorce attorney. They’ll also ensure that the other party complies with requests for documents and negotiate on your behalf.
6. Organizes Your Paperwork
Divorce isn’t a complex legal process for no reason – it requires a lot of paperwork. And when you don’t have all the required documents, it can lead to numerous bureaucratic obstacles that get in the way of completing the process. Not to mention, you’ll need to submit numerous documents to the court for approval. With guidance from a professional attorney, you can prepare these documents. And if your spouse has filed a petition for divorce, they’ll guide you on the best way to respond.
7. Assists With Contested Divorce Proceedings
When you’ve been married for a long time, it can be difficult to come to an agreement regarding child custody, division of assets, and other marital issues. Your spouse may have a different opinion regarding the desired outcomes of the divorce. This is known as a contested divorce, and it’s crucial that you have someone on your team who understands the law.
An attorney not only ensures that your rights are protected – but they’ll communicate your desires to the judge in an effective manner. By representing your interests in court, your lawyer will make sure that you’re heard.
8. Help With Mediation
If you and your spouse have agreed to an amicable divorce, working with an attorney prevents your case from going through the court system, which can create unneeded tension. In this situation, they’ll achieve a fair settlement via mediation and negotiation. This involves sitting down with your spouse and their attorney – and negotiating. When the decision to get a divorce is mutual, mediation can save a lot of time.
That being said, if you’re not comfortable with the prospect of mediation, such as in an at-fault divorce, your attorney will engage in litigation to take the case through the court.
FAQs
Some commonly asked questions about divorce are as follows:
How much does a divorce cost?
The median cost of getting divorced is about $7,000. In contrast, the average is higher at around $15,000 to $20,000. Keep in mind that it will depend on whether it’s a contested or uncontested divorce.
How long does a divorce take?
If you’re wondering how long the divorce process takes, that depends on whether you go through the court process. The divorce process can take around a year to complete, especially if there are disputes. A contested divorce in which the spouses disagree on issues like the division of assets and child custody can take a long time. In contrast, an uncontested divorce where both spouses know what they want will take less time, so you can expect it to be done within a few months.
How much does a divorce lawyer cost?
Based on a national survey, people who hired divorce attorneys reported that they paid around $270 per hour. In another survey on how much family lawyers charge per hour, responses show that most lawyers charge between $200 to $300 per hour. And in some upscale areas, the rate goes above this range.
