Why should I get a divorce lawyer?
The issues during divorce are complex without the help of a divorce lawyer. Taxes, child custody, and property division are some of the more complex issues where it advisable to hire a divorce attorney who knows all aspects of each process.
What are the advantages of hiring a divorce attorney for my divorce case?
In hiring a divorce attorney, you will receive superior guidance and counsel in resolving your divorce issues. Your best interest will always be a high priority concerning child custody, alimony, estate, etc. A divorce attorney will handle your case with distinct concern and strongly represent you in court to reach a resolution. Logically-based solutions and recommendations will be implemented to finalize the divorce with optimal professionalism. The advantages are endless.
Is it Possible For One Divorce Attorney to Represent a Divorcing Couple?
No, a divorcing couple cannot share the same attorney as it is a violation of the Lawyer’s Canon of Ethics. This goes for all cases, not just divorce. The most obvious reason for the violation is it would create a major conflict of interest due to the attorney owing his/her loyalty and services only to a single client or party. This does not only cover the divorce proceeding itself, but the consultation prior to the divorce as well.
Must I be present during divorce proceedings?
No, neither party is required to be present at the divorce proceedings. If a spouse has agreed to the stipulations listed within the divorce, then their presence is not required. This can go for both spouses as well. It is always best to consult with a divorce attorney regarding if both parties have the proper documentation to go forth with the proceedings and whether they must be in attendance or not.
Do all divorce cases go to court?
Not all divorce cases go to court. Surprisingly, most divorce proceedings are settled through mediation or collaborative law. In almost all cases, the divorcing couple settles their differences by agreeing on distribution of assets, funds and even agreeing on joint custody of their children should they have any, rather than having a judge decide for them. The reason most couples decide to settle out of court is due to avoiding court costs and lengthy litigation.