When Does a Divorce Law Case Require a Lawyer?

by | Sep 4, 2015 | Law

Not every divorce law case requires the help of an attorney, but the simple fact is that most of them eventually do. Many begin with both parties saying that they are going to try to work together, keeping the whole process as amicable as possible but this often unravels in days or weeks, especially as the property division and custody discussions start. At the heart of nearly every divorce is the question of finances, and most people simply can’t agree on who owns what. That is where a divorce lawyer is absolutely essential.

If the initial discussions about property division lead to anything other than agreement, it is usually best to contact a lawyer right away because very few couples can agree to split everything down the middle and even fewer couples can come to an agreement about how the debts should be divided. A lawyer is especially important if there is a lot of property that belonged to one spouse pre marriage. If great care isn’t taken, the odds are high that any property will end up being considered joint property, even if it really should rightfully belong to just one person.

In some cases, one spouse will inherit money during a marriage and, if those funds were put into a joint marital account, that money may end up being considered joint marital property. However, the law does provide protection for single inheritances. If one spouse inherits either money or property while in the midst of divorce proceedings, they should call a lawyer right away since it must be handled in a very specific way. If the money is kept separate and the property is titled only to the person who is inheriting it, there is a high chance that it can be protected during the divorce.

In any case where the custody and visitation of minor children is in question, it’s usually best to call for legal help right away. Custody is tied not only to the amount of time spent with the kids, but also to child support payments, which means that custody is one of the most highly contested things in many divorce cases. If you have a divorce law case that you need help with, schedule a consultation with a local attorney today!

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