Why You Need A Family Solicitor For Your Divorce
Contrary to what they really do, family lawyers are often the subject of bad press for encouraging former partners to fight it out in court instead of reaching an amicable settlement. However, that’s simply not true. Family solicitors are more likely to let both parties in a marriage falling apart know that they have different options. They may encourage family mediation and settlement out of court instead and resort to it as a last resort or in extreme cases involving domestic abuse.
A divorce is highly emotional, and both parties may not be entirely rational. Family solicitors are there to rationalise the whole situation and talk them through each decision’s consequences. If you’re going through a divorce and contemplating hiring a lawyer, below are three primary reasons why you need to do so immediately.
Family attorneys know the ins and outs of divorce laws and how your divorce may affect your assets. Divorcing your partner will significantly impact child custody and support, property and asset division, alimony, and living arrangements. Pre-nuptial agreements may also be contested. An attorney will explain your rights and how they fit in with state laws, so working with a competent one is the best way to get the most benefits out of it.
The paper can also be a leading contributor to the delays in the process. A simple mistake can result in you going back to court several times and, worst-case scenario, end up with your case getting thrown out. A family solicitor will help you file all the necessary paperwork within the deadline and make sure you don’t make any mistakes that can hurt your case.
Alternative divorce solutions
Not every divorce has to reach court litigation. Most family solicitors are willing to utilise alternative divorce solutions such as family mediation and collaborative practice. A family solicitor will work closely with a professionally-trained mediator to establish arrangements regarding children, property, and finances.
Collaborative practice is another alternative where all parties involved will first agree not to litigate in court and work towards a settlement by voluntarily sharing information. Both parties will also sign a contract stating that they’re entitled to hiring a new attorney to handle the case if they can’t reach an agreement.
Eliminating the option for trial is in both parties’ best interests. Most divorcees can come out of the whole situation disgruntled and traumatised because of the excessive fees, confusing paperwork, and media sensationalism.
History of violence
While some divorces can be settled without the help of a family solicitor, it’s an absolute necessity if there’s a history of violence. If you want to divorce your partner but are afraid that they may harm you or your children, a family solicitor can place a restraining order to protect you.
A family solicitor will handle domestic violence cases on the verge of divorce with care and sensitivity. They will get in touch with the police, help you find temporary shelter, and seek out temporary custody for your children to avoid you being accused of anything that might hurt your case. Going through the divorce will still need communication with your partner about child custody and asset division, so a family solicitor should represent you during these negotiations and act on your behalf.
If you have a simple case and you’re confident in your ability to breeze through the paperwork and interpret how state divorce laws can affect your assets, then there would be no need for a family solicitor. However, if you’re unsure about anything and are facing a contested divorce case, then you can save yourself the confusion and hire one. Most firms don’t charge upon initial consultations, so ensuring that you’re getting an experienced family solicitor specialising in divorce cases should not be that complicated.