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Divorce is probably one of the most trying times in life. Unfortunately, the courts can often complicated the process. While some might think that they can navigate through the system on their own, the most prudent advice is for you seek out an attorney.
The law is more complicated than many people think. There are a lot of nuances, clauses and precedents that a layman could easily overlook. Think of surgical techniques. If somebody said that she was going to remove her tonsils on her own, you would likely advice against it. The complexities of the law are similar.
Losing Too Much
The reason that divorce court is so taxing is that you could lose property rights and even the rights to your children. Your spouse might unjustly come after your home or provide too many restrictions on your visits with the kids. Divorce is difficult enough in and of itself. Let a lawyer prevent further damage.
Emotions Cloud Judgment
The separation has probably left you as an emotional wreck. This will distort your ability to think clearly about the legal issues surrounding the divorce. Beyond that, you might be tempted to communicate your emotions in the court of law. This could result in an unsightly performance in front of the judge. A counselor will be sympathetic to your emotions, yet disconnected enough to provide an objective analysis. She will also render a balanced presentation before the judge.
Reduce Your Stress
Unfortunately, many of the most daunting trials often come with logistical legwork. This applies whether there is a death in the family or a divorce. Dealing with both the emotional pain of a divorce and the legal work that accompanies it will drastically increase your stress. Let an attorney shoulder that burden for you.
Control What You Can
There are some things, such as a divorce, that are just out of your control. But you can exercise some measure of control over the divorce proceedings by hiring an attorney.
Potentially Save The Marriage
Sometimes a judge will refuse to annul a marriage because she believes that the estranged couple might reunite. An attorney will provide guidance into whether you should pursue alternative options. It could mean family or couple therapy, which has restored several broken families.
A Binding Agreement
While the court system can be stressful and complicated, it often yields a workable resolution. You and your ex-spouse would be legally obligated to meet the terms of the court order. This would guarantee visitation with the children (sometimes restricted to supervised visits depending on the context), a clear division of assets without one party taking advantage of the other, and much more. Without an attorney and the court system, there would be nothing binding about that agreement.
A Better Agreement
The purpose of going to court is to find a fair resolution to the divorce. Judges know that spouses are often angry with their exes and will try to manipulate the court system to hurt them. An attorney can protect you from that. She will also protect you from being too vindictive toward your spouse. So if you are concerned about losing your assets or your children, an attorney can get you a better agreement.
Avoid The Paperwork
In addition the actual process of going to court, there is a lot of paperwork associated with a trial. If you do not have an attorney, you will have to do it all yourself. Further, if there is an error in your paperwork, that will reflect poorly on you when you go to court and the judge will be less inclined toward your perspective. Since legal paperwork is the proverbial bread and butter of the divorce lawyer, she will be able to handle it without much of a problem.
Knowing What To Focus On
Based on your experiences of court in pop-culture, you might think that the idea is to go to court and win. But court is about discerning the law and finding the best possible arrangement for both parties. If you focus too much on winning, you will lose sight of details like parental rights and assets. An attorney will focus on these essentials and come to an agreeable compromise.
Settling Out of Court
You might even want to avoid the entire process of going to court. But you are probably not savvy enough to legal issues to sufficiently defend your case against a trained attorney. Bring one with you and let her talk to the other party, and you might even come to an agreement out of court.
The smartest people know their limitations. You might be an intelligent person, but you would not perform open-heart surgery. In the same way, let an expert handle your divorce.
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