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Category: Divorce Lawyer

How To Find A Helpful Divorce Attorney

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Possibly one of the more lengthy unpleasant and drawn out processes in life is a divorce. As a legal proceeding that is based on personal discontent and grievance rather than damaged property, there tends to be tension and unhappiness through every step of the process. There is a chance to make mistakes, and splitting everything up brings additional difficulties.

Hire a divorce lawyer who can help sort through the financial and practical aspects of cutting the knot. There may be additional fighting over individual pieces of furniture and rights, and a professional can help a former couple find an equitable solution. Below are ten valuable tips about what to avoid during a divorce proceeding.

1) Avoid Pregnancy

A couple will rarely get a divorce over the tension of discovering that the lady is pregnant, but a couple that is splitting for practical reasons needs to avoid any possibility of pregnancy during the divorce process. This means the former couple must avoid sex and intercourse with a new partner during the process is a bad idea.

Many states still penalize women who get pregnant close to divorce. In Washington State, a known law stipulates that a child born up to 300 days s after a divorce is presumed to be the child of the former husband. This might not be the case, but it is presumed to be until forensic tests prove otherwise. A judge can delay or refuse a divorce if an unborn child is involved, and additional expenses such as genetic testing and new litigation might be incurred.

2) A Divorce Means Changing A Will

Most will leave property and privileges to spouses. If a person gets divorced, then the former spouse might still be legally entitled to the property stated in the document. The only way to change these privileges is to change a will. This is relatively easy to do, but if forgotten, then the former husband might still be entitled to part of the estate according to the unaltered will. This will create a problem for surviving children and formerly entitled parties.

3) Do Not Dismiss Collaborative Divorce Or Mediation

A collaborative divorce simply means that the person seeking divorce receives help from more specialists than just a divorce law attorney. Divorce coaches and therapists are part of the team to help deal with stress and provide good advice. The additional expert advice can be expensive, but many parts of the United States recognize their effectiveness. Having more than one expert could possibly create an advantage in getting the best results from a case.

Mediation is a process entirely different from a courtroom. The divorce is worked out with a professional called a divorce mediator who is like an arbiter in order to make a fair decision. Mediation helps to fill out the divorce papers but also provides advice and assistance throughout the process. Since the results are legal, it does not hurt to consult a lawyer even though mediation is often chosen to avoid courtroom expenses.

4) Avoid Romantic Entanglements With a Lawyer

A person who is breaking up might want someone else to fill the emotional vacuum. It might be tempting to attach to the defense attorney since they are so smart and helpful. Having sex with a lawyer during a legal proceeding is generally frowned upon and is often illegal. Since divorce rulings are partially subjective, it is a good idea not to give the judge a reason to frown.

5) Do Not Project Emotional Problems Onto Children

Perhaps the biggest victims of divorce are children. Kids need a lot of emotional support because they are not usually involved in making the decision, but they receive the repercussions. They need a safe space while all this is happening.

Children should be left out of the drama. They can be a major focal point for the legal proceeding, but they have their own opinions and needs. They should not be tools nor horses to trade. Whether the law requires support for children or not during these proceedings, they should be given support as well as a barrier to any misuse.

6) Do Not Refuse a Therapist If Recommended One

Therapists are, at times, very useful when experiencing an emotional divorce. The recommendation of therapists can play a role in divorce rulings, and seeing one can be a great way to deal with emotions. Divorces often come on the heels of great stress and disappointment, but emotional decisions can have bad consequences. Having a clear head can be useful in court and might even help resolve the situation. After a divorce, a therapist can help a person to become self-sufficient.

7) Do Not Put Off a Divorce Because of a Holiday

A major holiday can have an impact on a divorce proceeding. Divorce lawyers actually see more clients around Christmas. If it is about that time of year, it might be better to go through with it before Christmas. A lot can happen in two weeks, and Christmas is supposed to be a family time in any case. Waiting might end up turning Christmas into a showdown, so get it over early.

8) Think About Taxes

In a lot of cases, the parent who wins custody of the children is also allowed to keep the house because the children are accustomed to their home. The problem with receiving the house is that it is a financial burden as well as an asset. Some areas have high property taxes, and the initial mortgage might have also been high. Older homes need repair. When it comes to asset ownership, single people are often more liable to have their capital gains taxed because they can shelter less of their holdings.

9) Do Not Sell Out Early

Divorce proceedings are lengthy because it means fighting over a lot of assets and arrangements. Both sides might aggressively want a better deal. Often the only way to get through the proceeding quickly is to offer the other side a preferential deal. It is better to fight for a good deal because the repercussions will last a very long time.

10) Avoid New Debt

Going through a divorce is expensive, and there is no telling what the final bill could be. After divorce, it might be necessary to find a new home. Since the financial future is uncertain, avoid unnecessary spending at all costs. Having the extra cash on hand will help pay for the expenses while piling up debt could make finding a new home very difficult.