Divorce seems simple upon the outset but can quickly become a painful and complicated process. The divvying up of property, debts, children, and money can be difficult emotionally and very confusing. Most of the time it’s best to consult an attorney who is well acquainted with divorce procedures and court filings in your specific area.
A divorce attorney can help you navigate through the process of child custody, child support, alimony, name change, and other legal issues that accompany domestic relations proceedings. Before you file for divorce you must figure out what kind you wish to file.
Does It Make a Difference If I Live in a Fault or No Fault Divorce State?
Fault divorce is fairly common, but 15 states, including California and Florida do not offer the proceedings. Fault divorce involves citing why the other party is at fault for the failure of the marriage. Typical fault divorce examples include adultery, desertion, cruelty, imprisonment, and the physical inability to consummate the marriage.
Fault divorce can be advantageous for spouses seeking greater portions of marital property or increased alimony, and usually requires an attorney to help prove your case. No fault divorce may require a period of separation or an acknowledgement that a couple cannot get along, but doesn’t require you to prove the fault or shortcomings of your spouse during the time of the marriage. The need for a divorce lawyer is less, since there are fewer things that need to be proven; but a divorce attorney can still help you navigate the many complicated legal proceedings.
Do I Need a Divorce Attorney for Mediation?
Divorce Attorneys are not required participants if you and your spouse mediate your divorce. However, many people feel more comfortable having their own family law attorney by their side to explain their rights and make sure they get what they are entitled to. If you are unsure on whether you need an attorney, you should at least discuss this matter with one – most offer free consultations.