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Want to learn more about divorce? Sign up for our free 5 part infogram series on Divorce A-Z. Sent to you automatically every day. Click here now to start your automated infogram series now.
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Long Island Law Firms Explain What's in a Divorce Attorney
Those going through a divorce wonder why do I need an attorney? This question, sometimes overlooked, is one that Long Island Law Firms often receive. Some spouses wonder if they can settle the case themselves or do they need to hire a divorce lawyer. It is always a good idea to have someone represent you when you are in the midst of such an emotionally trying time. But what does an attorney do for you?
The first issue to decide for an attorney to help you with is should the divorce be annulled or is it really a divorce. An annulment is the dissolution of a marriage by the court. In a court of law or to anyone for that matter this means the divorce never happened at all. Not many marriages qualify for such a ruling but they all revolve around any misrepresentation upon marriage such as currently married to another, impotency, fraud or mental defect. There are others and if you have been victimized or deceived you must consult a licensed divorce attorney to discuss the facts of the case.
Next, an attorney needs to conclude the grounds for divorce. A marriage cannot be ended for no reason so some common reasons are adultery, abandonment, and in some states irreconcilable differences. When the grounds for divorce are decided, the divorce attorney is then tasked with going to the court with the divorce papers to file with the local court in your area. Once filed, the court sets a trial date.
A divorce lawyer then itemizes all of the physical and non-physical assets of the marriage known as community property. Also included is any outstanding debts, income, etc. The tricky part comes in when there are assets from before the marriage, and pre-nuptial agreements. Each state differs in how the property is divided up with most taking all assets that are acquired while married and dividing equally between both spouses. While this is a fair and equal distribution, many problems arise when the debts are divided as usually one spouse over another has created such debts. An experienced lawyer can help with these difficult negotiations.
Most Long Island Law Firms deal with divorces involving children that need to be decided fairly and in the best interests of the children. The courts are there to protect the children while the attorneys look out for the client. Most often, a joint custody will be the most favorable arrangement but this often brings the need for spousal and child support payments to be paid by one spouse to the other. Often one spouse is not working or earning nearly what the other and with children must sustain a compatible lifestyle that they are used to while the marriage was intact. It is not uncommon to have one spouse be awarded custody, child support, alimony, as well as retain living at the family home.
Even after all the proceedings have been completed, the attorney of record has a duty to see that all matters have been resolved as directed by the agreements. It is not just the representation in court but the help through the overall process that makes it simple to know you must have an attorney with you throughout the entire divorce.
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