| | Should you have an attorney for a divorce?
If you are considering getting a divorce or your spouse has already filed for a divorce, it is definitely a good idea to get an attorney. The bottom line is that an attorney is something that you should get to protect yourself. You will have numerous questions and you will undoubtedly need to have the precise answers. Most importantly, you need to understand that there are a number of possible outcomes and an attorney can help you decide what you want to do in order to protect your future.
There is also the choice of representing yourself in a divorce proceeding. However, this is not really the recommendation. If there are serious issues at hand such as your children or assets, it is best to have the right answers from your attorney. The attorney can represent one of the parities in court, not both. If you are not able to afford an attorney, the judge will seek assistance for you from your spouse.
One main reason to get an attorney for a divorce proceeding is because there is often spousal support involved; this is called alimony. Depending on how long you were married, the age and health of the parties in court, and the ability for one of the parties to earn enough income and maintain the marital standard of living, the court can order support to be paid by one spouse to another. This is not child support, but an entirely different issue.
Spousal support can be issued for a specific time period or for an indefinite period depending on the circumstances. It can be reviewed if there is a large change in the lifestyles of either the former spouse. If the spousal support requirement is waived, then the party giving up the support can not ever come back to ask the court to award it again.
You may also want to find an attorney to ensure that pensions and retirement accounts are protected. Pensions and retirement are marital property that can be divided in times of divorce. They can be given a present value based on the kind of pension and the parties' rights to receive an income from that pension. In most cases the court system is fair in this decision, but an attorney will argue for your rights and make sure that your side of the fight is heard.
In the event that you are unhappy with the service you are receiving from your attorney, it is imperative that you talk to them about it. Explain your case and make them recognize why you are unhappy with their work. If you cannot work out the situation with your attorney, you have the right to find another attorney at any point in the game.
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