Divorce is an extremely emotionally dicey topic as it revolves a lot of sentiments that take place as a whole, and is very difficult to deal with alone.
Here are 5 reasons that Wilmington Divorce Attorneys say are why the need of a divorce attorney is important.
You should not rely on what you’ve heard from friends about separation and divorce. Unless that friend is a licensed attorney, he/she is not authorized to practice law.
The sooner you consult a lawyer, the sooner you will learn what you need to know to protect yourself and your children and property interests. A good, experienced divorce lawyer can assist you in identifying the issues you need to discuss with your spouse to achieve a comprehensive agreement and global settlement. Over the years, there have been numerous times when only lawyers were able to point out to client’s areas they had initially overlooked and issues which should be included in their settlement discussions, such as life insurance, health insurance, and children’s educational needs.
Property Division Nuances
There are some limited circumstances in which dual representation might be allowed, provided there is full disclosure of potential conflicts of interest and a waiver of conflicts with informed consent by both parties. These situations are limited and in the event that unhappy differences or disputes should arise, the attorney must end the representation and both parties must seek new counsel. Lawyers rarely agree on dual representation; lawyers represent clients zealously within the bounds of the law and the conflicts in representing opposing sides are too apparent for them to agree to do so. If your spouse already has a lawyer, that means, he/she already knows isher rights, duties and responsibilities under the law. In our experience, spouses will think nothing of misrepresenting the law to gain advantage in the negotiation.
Knowing Your Responsibilities
Are you aware of what your rights, duties and responsibilities are? The judge won’t help you out if you don’t know what you are doing. There are rules of evidence and rules of procedure that govern hearings. You need someone on your team that that knows the rules of the game. You will need someone to prepare you for your testimony in court so that you don’t put your feet in your mouth up to your hip bone. You will be bound by the things that come out of your mouth in court.
A Lawyer Can Help You in Any Bad Aftermath
Going to see a lawyer after you have already signed papers or participated in depositions or hearings on your own is like closing the barn door, after the cow got out. Just because you were not represented does not mean that you can get out of a bad decision or bad deal you may have made or get out of rulings the court made when you were unrepresented. The time to get advice is before you sign, before you go to court. In fact, you should get advice as soon as you receive legal notice of a pending lawsuit against you.