Divorce proceedings can be just as financially exhausting as they are emotionally draining. Parties in the proceedings usually go through moments of stress and uncertainty. The situation is even worse if there are children involved. Both divorcing parties have to take into account their interests and those of the children. A divorce should be amicably finalized so that everyone can go their separate ways and continue living their lives. Divorce lawyers can help quite significantly in such regard.
Identifying and Filing the Correct Grounds for Divorce
There are specified grounds or reasons for which one can petition the court to dissolve a marriage. A party has to satisfy at least one ground for divorce as provided for in their state laws. Divorce laws vary from jurisdiction to jurisdiction as you move across state borders. Therefore, a divorce lawyer will explain what grounds are envisaged in your state law for a successful petition to the court. An example entails a no-fault-based dissolution where both parties want to separate amicably; all state laws permit such separations. However, some states require that the parties divorcing on a no-fault basis live separately for a while to see if their differences are reconcilable.
Understanding Provisions for the Division of Property
State laws are set to guide the division of marital property, whether the divorce is fault or non-fault-based. Sharing marital property can be one of the most challenging hurdles divorcing parties need to overcome. A divorce lawyer will first help you identify what property qualifies to be classified under matrimonial property and how it ought to be shared. Your divorce attorney will explain whether you are in a state that promotes equitable distribution or a community property state. A divorce lawyer will explain to you what impact that has on the division of your property. Moreover, understanding such provisions ensures that you do not engage in unnecessary litigations that will not increase your property share.
Ensuring Seamless Proceedings and Settlement
A divorce lawyer can also help parties settle if they decide to separate amicably and avoid litigation. Your lawyer will negotiate an agreement on the marital estate and put it in writing on your behalf. Then the divorce lawyer will then process any necessary documentation to make the divorce official. A negotiated divorce settlement is preferable as it avoids the cumbersome and overdrawn court process while also saving you money. Consult a divorce lawyer today to help you reach an amicable settlement that serves the interests of all parties.