Why You Should Hire a Family Law Attorney for Your Divorce

Divorce ranks high among life's most stressful events, and while it can be financially, psychologically, and physically draining, you need to prepare yourself adequately to go through the process.

Hiring a family law attorney is one of the important decisions you will make to prepare for your divorce. An attorney will present the objectivity and expertise required and, in some cases, dispute resolution options you and your partner can pursue.

San Diego Family Law Attorney works with couples going through a divorce, helping them through the legal technicalities relating to their case. Some of these issues include child custody and visitation rights, property distribution, and spousal and child support.

Read on to find out why you need an attorney for your divorce.

The Need for a Family Law Attorney

The law does not make it necessary for divorcing couples to have legal representation. You could represent yourself, especially if you do not have property or children, which often complicate divorce issues. You might also represent yourself if you and your spouse can resolve your issues amicably.

You might consider having an attorney if you and your partner cannot agree on property distribution, child custody, and visitation.

You should also hire an attorney if your partner has legal representation. Your attorney will walk you through the legal process, helping you understand and express your interests in the divorce. Your attorney can also provide clarity on issues you do not understand. Here are the top reasons you need to hire a family law attorney.

You can make hiring an attorney easier by asking for recommendations from families, friends, or other attorneys you have worked with in the past. You must then evaluate the expertise, customer relation, and success the attorney you choose has had with previous cases. Online reviews can also help when you are evaluating the lawyer to work with.

Here are some of the reasons why you should hire a family law attorney for your divorce:

1. Experience

Experience is the one thing that sets apart a family law attorney and an attorney. A family law attorney has specialized in one area of knowledge dedicating time and resources to keep up to date with the changes in the field.

In addition, these attorneys have access to resources such as rulings on previous divorce cases and the impact these decisions can have on your case. He or she can cross-reference between various cases to determine the best possible approach in dealing with your case. Landmark cases, even in divorce, can affect judges' inclination on similar matters in the future. For example, today, a working wife could end up paying alimony, or a husband could win the custody of the children.

The experience a family law attorney has is particularly essential in high profile, high-asset, and contested divorces, which have a lot of issues and technicalities. Your attorney can use the experience he or she has had in and out of the courtroom to offer legal counsel and directives, without which you run the risk of losing.

Divorce must also follow the prescribed procedure in court, including filing paperwork, responding to communication, and presenting the relevant documents or evidence required. Your attorney will breeze through these procedures since it is something he or she has done for several years. Therefore, you will save yourself the burden of learning all the legal issues and statutes that apply to your case.

This expertise in family law makes the divorce process faster as family law attorneys understand the bureaucracies that exist in the legal system.

Family law attorneys also have unique insights on the possible defenses and tactics the opposing attorneys might use and reactions different judges have to certain arguments. Such insight is priceless, especially in contested divorce cases, which often involve high stakes.

2. Legal Research

Every divorce case has aspects that make it unique hence the need for legal research before beginning and during the divorce process. If you are representing yourself, you will need to handle this research by yourself or hire a paralegal.

However, your attorney can take care of the research on your behalf as you focus on other matters that need your attention. Legal research involves:

• Determining the jurisdiction of your case

• Referring to case laws

• The statutes that apply to the unique circumstances of your case such as child custody for same-sex couples

Hiring a family law attorney will save you the time and effort it takes to read the relevant research and build your case. Since your attorney has handled divorce cases before, he or she might have it easier to refer to past incidents or documentation.

Family law attorneys keep up with the changes in the field, meaning they are aware of the information you might not know yet, and that could make a significant impact on your case.

3. Objective Representation

A divorce is a highly personal affair, and you cannot look at it with objectivity. Your emotions are running high, and the chances of making rash decisions are higher. Therefore, it would be a bad idea to represent yourself, attempting to present your point of view to the court.

A family law attorney brings the required objectivity in dealing with the issues that arise and handling matters professionally. Instead of a chaotic and dramatic divorce case, your attorney could help you part with your partner in a civil manner (and with your dignity intact).

The attorney's objectivity also makes it possible for you and your spouse to understand when you are crossing legal boundaries meant to protect both of you.

Your attorney can also provide a unique perspective on the issues you are contesting about. Some of these issues could include:

• The classification of property as community or separate property

• Drafting visitation agreements

• Child custody laws (including decisions that are in the best interests of your children)

A professional and ethical attorney will not take sides with you or your spouse but serves to ensure that you get a fair settlement or ruling if you go to court. The law expects attorneys to be objective, meaning they do not divulge or judge the information a client provides.

As a party in the divorce, you have a harder time seeing the bigger picture, which could lead you to miss some important details. When these issues remain undealt with, the chances of future complications arising are high.

For example, you might think your spouse will uphold the oral agreement to participate in the children's upbringing, but what happens when he or she fails to honor this agreement? Hiring an attorney will help you and your partner address all the issues that often arise during and after divorce.

The objectivity an attorney has is also crucial in deciding when to settle. Most parties might want to settle as quickly as possible and get the divorce behind them. But this is one of the best ways to make mistakes. You could end up settling for terms that upset you financially and emotionally in the future.

In addition, your attorney can share with you similar experiences other couples have had, how they resolved them, and the long-term impact of these resolutions.

The probability is also high that you and your spouse cannot have a civil conversation due to the involvement you have with each other. However, if both of you have separate legal counsel, you can effectively communicate with the other side through the attorney.

Your attorneys can also develop a good working relationship and smoothen the divorce process. When your attorneys work together, the process becomes smoother, cheaper, and bearable for you and your spouse.

4. Help with Paperwork

California divorces require filling a lot of paper right from the start. Filling the paperwork is complicated and can take time. The mistakes you make will also delay the process and increase the costs of your divorce.

Some of the forms you need to complete include:

• A petition of divorce which initializes the divorce process

• Summons to notify your spouse that you have initiated the divorce process

• UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) form if you have children

• Proof of service of summons after filing UCCJEA

• Proof of personal service and proof of service by mail to show that you have served the relevant documents to your spouse

• Notice of acknowledgment of receipt to acknowledge that you have received the petition of divorce from your spouse

• Response

• Income and expense declaration

• Property declaration

• Schedule of debts and assets

• Financial statement

• Declaration of disclosure

• Declaration of service of disclosure

• Request to enter default

• Stipulation and waiver of final disclosures

• Declaration for default or uncontested dissolution

• Appearance stipulations and waivers

• Form interrogatories

• Judgment checklist

• Judgment

• Notice of entry of judgment

• Finding and order after hearing

• Child custody and visitation application attachment and visitation order attachments

• Children holiday schedule

• Joint legal custody, child custody, property order, and spousal support attachments

• Child support registry form

• Notice of rights or responsibilities

• Income withholding for support

• Earnings assignment order for spousal support

• Request for order

Completing this paperwork can be overwhelming, considering you still have other responsibilities such as caring for yourself, your children, and your career obligations.

When working with a family law attorney, he or she can help you complete the paperwork correctly and within the required deadlines. He or she can also explain the legal concepts contained in every document and the effect on your divorce.

In addition to completing the paperwork, you need to file it with the right court. Your attorney will help you in determining the jurisdiction under which your case falls.

5. Involvement of Experts

Contested divorces often require the help of experts in different fields. Some of these experts include investment consultants, appraisers, mental health experts, physicians, and bankers.

These professionals bring authority to your case and can confirm the details you or your spouse present. However, if you are working alone, it could be hard to locate or convince them to lend their expertise to your case.

Even after finding these experts on your own, you have to vet them to determine whether they are the right fit, which can be time-consuming and frustrating. But working with an attorney can help bridge this gap and bring on the support your case needs.

Some of the scenarios where expert witnesses can make a difference in your divorce include:

• To show the impact of one or both parents on the emotional and psychological development of the child: if one parent is abusive to the child or other parent (and is fighting for custody), a child psychologist or mental health expert can provide expert knowledge on the impact of domestic violence on the child.

• Appraising the market value of the property each party owns or co-owns

• Experts to trace hidden property by either party

• Certified public accountant to provide information on the tax consequences of the transactions involved

• Vocational evaluators to determine the value of child support or alimony

• Parenting experts who evaluate the current parenting environment and provide recommendations to the court

Courts have deadlines on the time the expert witness should involve, and the deadline for submitting the report and your attorney will work with you to ensure that you adhere to these deadlines.

6. Diverse Dispute Resolution Approaches

Family law attorneys receive training to provide their clients with the best possible dispute resolution alternatives depending on the circumstances of each case. They can suggest approaches such as mediation between the couple to make the process cheaper, faster, and less stressful.

These attorneys are not quick to rush the case through a court trial, especially when it is avoidable. The attorneys will work together with you and your partner and on as many issues as possible, and in some cases, settle the case.

Litigation is often expensive and time-consuming and might not be the best approach, especially if you have children whom you will be co-parenting.

7. Peace of Mind

Amidst the confusion, anger, and overwhelm you feel during a divorce proceeding, knowing that an experienced professional is handling the legal side of the divorce can be calming.

Hiring an attorney will give you the time you require to reflect upon the new life you will be leading, your family, and what the future might hold for you.

In addition, you are not worried that the other party will take advantage of you since your attorney will guide you through every aspect of the process. He or she can explain difficult concepts or the expectations the law has at every stage.

Without the attorney, you will have to figure these details on your own, which can wreck your mental and physical health.

Hiring a family law attorney can also save you bullying by your partner. Partners can suddenly become monstrous when a marriage is ending. Some partners often bully their spouses into agreeing to certain terms of the divorce. Such can be stressful for you, but if you have an attorney representing you, he or she can settle the case on your behalf and point out the laws your spouse might be breaking.

Your attorney is there to work towards your best interests. Family law attorneys also understand the difficulty families experience during divorce, and they seek to make this process as smooth as possible.

8. An Attorney Will Save You Money

Money is often tight during divorce cases, and hiring an attorney could seem counterintuitive from a cost point of view. However, when you consider all the services your attorney will offer you, the mistakes you will avoid, and the speed of resolving the case, the cost suddenly becomes reasonable.

Your attorney can ensure that you file the required paperwork in time and correctly, eliminating the cost of refiling. Through dispute resolution initiatives such as mediation, you could save the time it takes to go to court. You can use this time to work out what you will do post-divorce.

The advice you attorney gives concerning the insurance and tax implications of the divorce can help you approach property distribution from an informed perspective. This will protect the financial situation of you and your spouse after the divorce.

Family law attorneys have a deep understanding of the financial implication of the divorce and are usually flexible in negotiating payments with their clients. You can, therefore, find an attorney who has competitive and affordable charges.

Find a San Diego Family Law Lawyer Near Me

The benefits of working with a family law attorney for your divorce surpass the costs of hiring legal counsel. An attorney can make the divorce process easier and faster by helping you with paperwork, locating expert witnesses, communicating with your spouse, and getting a fair settlement.

San Diego Family Law Attorney consists of experienced staff with a deep concern for families. We help you settle your divorce as amicably as possible, doing our best to minimize collateral damage.

We understand the complications that can arise in a divorce case and help you settle them. We also maintain civil communication with the opposing side, working towards a fair resolution for all parties.

Contact us at 619-610-7425 for a consultation.