The Importance of an Attorney in Divorce

May 7, 2015

Some people think that they can handle a divorce without an attorney’s assistance, by filling out the forms and consulting online sources. But divorce is a complicated and stressful time in people’s lives. The advice of a dedicated divorce attorney is essential to helping the process go as smoothly as possible, reducing the stress of the divorce process, and ensuring the best possible outcome for your case.

Complicating Factors

Even if a divorce is amicable or if it seems simple, there are many considerations and decisions to be made before a fair result can be attained. Issues that can complicate a divorce include:

  • Determining child custody, visitation, and support,
  • Spousal support,
  • Division of property and assets,
  • Division of debts and liabilities,
  • High-asset divorces, or
  • If one spouse is in the military.

Communicating Legal Issues

Divorce is an emotional time, but legal decisions, such as divorce settlements, are not based on emotion. Instead, they are based on applying the facts of the situation to the law. A family law attorney will be familiar with Florida’s divorce laws, and can help you apply the facts of your case to the law as favorably as possible.

An attorney can also relay your positions, goals, and arguments to the judge. Public speaking is not easy for most people, but lawyers are comfortable in courtrooms. With their knowledge about what matters in a divorce case, they can communicate what you want out of the divorce.

Additionally, lawyers keep up to date on the law. New laws are passed and new court decisions come out frequently, but an experienced attorney can keep up with the changes and apply the changing law to your case.

Preparation of Forms

In Florida, obtaining a divorce means filling out many forms, which can be complex and confusing. Even the most simple divorces require multiple forms, and if you have children or need to divide property, there are many more. A lawyer can help you figure out the necessary documentation and prepare the forms, and can make sure you have completed them correctly.

Expense

Attorneys can be expensive, but having an attorney’s representation in your divorce is financially expedient. Without the advice of an attorney who is familiar with Florida’s law, you risk an unfair property settlement or unfair alimony payments.

Additionally, an attorney can save you money by knowing when and how to resolve issues out of court. Litigating in court is expensive, but there are cheaper alternatives, such as mediation. Mediation is also a much faster process than settling disputes in court. It can make a divorce much less stressful by facilitating the peaceful resolution of disputes and helping the spouses reach an agreement that is acceptable to both of them. However, a good attorney will also be prepared to go to court if necessary.

If you are going through a divorce, an attorney can ease the process considerably. Even if you are not sure that you want an attorney, please contact West Palm Beach family law attorney William Wallshein for a free initial consultation.