Given a chance, many people would rather save their money than having to hire an Attorney for their divorce. However, unlike a run of the mill debt recovery which some people are competent to take up on their own without the need for an attorney, it is advisable that you engage the professional services of a divorce attorney if you are contemplating a divorce or if your spouse has already filed a petition for divorce.
When one party has the benefit of legal representation vide a divorce attorney, it would be foolhardy to get into the proceedings without the benefit of your own divorce attorney to advice you on the procedures and possible outcomes from the proceedings.
Though nothing should stop you from personal representation in a divorce proceeding, you might not be familiar with how the Court perceives certain issues such as the distribution of assets and the welfare and management of children. Engaging a divorce attorney ensures that your interests are taken care of. In the event you are unable to find one, the Court may appoint one for you or direct you to the relevant bodies for assistance.
One of the most crucial things a divorce attorney can do for you is to advice you on spousal support. Also known as alimony, the amount of spousal support is dependant on many factors such as length of marriage, age of spouse, health of spouse, occupation and income of spouse. Having the right advice would help you in understanding what you may be ordered to give (if you are the husband) or entitled to receive (if you are the wife). In some cases, a totally independent wife with full income earning capacity may not obtain as much spousal support from the husband as compared to a full time housewife who has little chance of securing employment. Your attorney would be able to advise you on what your expectations should be.
Apart from the amount of spousal support, the length of spousal support also comes into play. It could be for a limited period or indefinite period, it can be reviewed or waived in certain circumstances. Your attorney can advise you what is best for you and help you to negotiate for this from your other spouse’s attorney or even make the necessary submission before the Court on your behalf.
For many people, pensions and retirement accounts are their security for old age. However, as pensions and retirement accounts can be construed as matrimonial properties and could be subject to distribution in a divorce proceedings, having an attorney helps you to present your arguments on what should be done with the said funds in which case, relevant case laws would be presented by your attorney to support your case.