What Does A Divorce Lawyer Do?
The divorce attorney’s practice centers primarily on representing people who are intending to dissolve their marriages. Depending on the type of case, the divorce attorney may perform tasks such as helping with the division of assets, helping settle spousal and child support issues, and determining child custody arrangements.
Assistance With Resolving Issues
Cincinnati divorce attorneys often deal with the high emotions that are involved when spouses divorce. Often, by the time the divorce lawyer is contacted, the acrimony has reached a level where the spouses cannot speak to each other without a harsh argument. The divorce attorney is in a position to deal with this problem, to some extent, because they can explain the law which determines many issues. The divorce attorney will have the skill to work with these issues and resolve them peaceably.
While the divorce attorney is not a mediator, it is often helpful to have an impartial third party that knows the legal framework in full. This legal advisor can give you solid, unemotional advice on precisely what is in your best interest – from both a legal and a financial standpoint.
Often, the divorce attorney will spend time preparing motions to deal with any issues that the parties cannot resolve between themselves. The divorce attorney will then attend hearings the court conducts on the motions. The attorney will discuss the court’s decisions with the party represented. The court’s decision may also need to be discussed with the attorney representing the other spouse.
A divorce lawyer spends a lot of time preparing motions and other documents that must be filed with the court and discussed with the opposing counsel. Motions are the method that an attorney uses to ask the court to decide an issue. The divorce attorney must also file replies to paperwork and motions filed by the other attorney.
The divorce attorney may need to consult with other professionals if the case is complex and involves real estate or financial holdings.
If the issues surrounding the divorce cannot be settled out of court, then the judge will decide the case based upon arguments presented by both attorneys.
The filing deadlines and extensive paperwork of a divorce proceeding can be exhausting. Letting a team of experienced legal professionals handle the fine points and small print can let you focus on your children, your job, and your own self-care during the split. Missing a filing deadline can set your case back dramatically. If the paperwork is not correct, a judge may ask you to begin the divorce process over. This is much less likely to happen if you have a legal team at your side. After years of trying cases, our seasoned divorce attorneys in Cincinnati understand how to avoid paperwork issues. The last thing you should be worrying yourself with is hitting every deadline, on multiple moving-target schedules.
It is also worth noting that the coordination of the paperwork is handled by other people on the legal team. Paralegals and assistants can take on the tasks of getting the paperwork clarified and prepared, which results in cost savings for the client.
Negotiating a Settlement
Finding common ground on the settlement of assets can be challenging. And serving as your own negotiator, when emotions are hot, can lead to hasty decisions and unsatisfactory outcomes. It will save you money to prevent the work on the settlement from reaching the court. Fighting in court over the division of property can simply waste the funds you have both worked hard to save. Let the attorney negotiate the marital estate for you. Save the money, and get a better outcome for both you and your former spouse. Let your attorney help you approach the court with a mutually agreed upon settlement, and the court will be kinder to both of you. The judge, after all, wants the process to move smoother, and with as little expense as possible.
Appearing Before a Judge
If there are disputes — be they over the marital estate, spousal support, or custody agreements — you may need to go to court. If this happens, it is best not to represent yourself. Having a trained professional representing you will not only make your life easier and less stressful, but will help you take maximum advantage of the legal tools and strategies available to you.
Not needing to speak in front of the judge, or being able to speak less often, will help your position be presented simply, accurately, and clearly. Your attorney knows precisely how to answer the judge’s questions in such a way that the answers will represent your best interests in the case.
Credit card bills and other shared marital debts are as important — if not more so — than the division of assets. Strategizing for the repayment of debt can also be a sore subject. All too often, only one spouse is left with the outstanding debt, when in reality both spouses may be ethically responsible for the settlement of these accounts. Your divorce attorney can assist in developing a schedule that works best for both you and your soon-to-be-ex spouse. Again, this is a situation where having an impartial third party helping you can save you both a lot of money and heartache.
Giving Advice from an Objective Position
It is better to focus on your future than your past. When divorce is underway, it is all too tempting to become mired in past pain, wrongdoings, and resentments. Have an attorney working with you to plan for your next chapters. Smart planning, and calm, rational, objective advice are what can help most. Support and custody agreements will be part of your world for years to come, so take your time and understand what is happening, and what is possible for you.
A calmly, reasonably negotiated set of agreements will benefit you for many years. Having a seasoned divorce attorney negotiating those agreements on your behalf will help ensure that there is no language in the documents that may surprise you later. Preparing the agreements to be equitable, enforceable, and precise is one skill at which these attorneys excel.
Letting Cooler Heads Prevail
One of the ways divorce lawyers can help most is to serve as an even-tempered, neutral, objective representative. Separations can be brutally painful, and discussions of divorce or dissolution can flare into bitterness and rage without much warning. Having an attorney deal with the legal ramifications of the split, without the personal emotional baggage, can make the legal processes go more smoothly. Stepping back and having an unemotional advocate can be a tremendous salve.
Contact A Divorce Attorney In Cincinnati
To setup a consultation with one of the experienced Divorce Attorneys at Donnellon, Donnellon and Miller, please use our online contact form or call us at 513.891.7087.