How to Find an Attorney Who Knows Divorce Law
The dissolution of a marriage can be a
stressful and emotional experience, particularly one that involves
complicated legal issues such as child support or child custody. A
large body of divorce law covers this entire process, which can be
difficult to navigate without the aid of someone experienced with the
system. Finding a good lawyer can therefore be an important first
step in bringing the process to an equitable close. Divorce law varies from state to state,
as it is specific to jurisdictions. However, there are a few basic
types, each of which has slightly different requirements that should
be considered when choosing legal representation. These types
include: No-fault: This does not require
proof of fault of either party, and can be made either by an
individual or by both parties jointly. Common grounds include
incompatibility, irreconcilable differences, and irremediable
breakdown of the marriage. At-fault: This type is not as
common now as it was several decades ago, and in fact, in the United
States only New York still requires specific grounds. Determining
which spouse is more at fault if both are guilty of breaches is
handled by the doctrine of comparative rectitude.
Summary (or simple): This is only
available in some jurisdictions and requires certain requirements to
be met for eligibility, including a short marriage, no children, and
minimal property under a certain threshold value. Here, the parties
agree on key issues ahead of time. Uncontested: This occurs when two
parties are able to come to an agreement about the major issues such
as property, children, and support. In these cases, the court can
simply grant the dissolution. The vast majority of divorces in the
United States fall into this category. Collaborative: Here, attorneys
trained in this specific process and in the art of mediation help
the parties negotiate an agreed resolution. Sometimes this includes
the assistance of a financial advisor as well. Many lawyers claim
that this method is substantially less expensive than alternatives.
Each of these methods will require the
assistance of a trained family lawyer at some point in the process.
Though many people attempt to go through the process without any
professional legal help, this can sometimes be a mistake due to
common complications and delays that may only be exacerbated. Even
for a collaboration or mediation, this assistance can be invaluable,
particularly since there is so much at stake. In terms of finding the right person to
help, most family lawyers have experience in divorce law and all of
its complexities. As the laws are specific to states, you will need
to find one in your area. Using a directory like LegalTube will aid
you in narrowing down this search, and once you find an appropriate
individual or firm, you will have someone in your corner during this
difficult process. Even when you are only considering dissolving a
marriage, you may want to preemptively search for divorce
attorneys, as they will be able to help you assess your options.
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