Seeking Legal Advice for Divorce and Child Custody
Certain laws often correspond with other laws. While this is sometimes beneficial, it can also complicate cases. As a result, seeking legal advice is a crucial element of all matters pertaining to the law. This is especially true in matters of divorce where children are involved and law practice management is slightly different. Lawyers are able to determine the type of divorce taking place, whether or not a child custody hearing is necessary, and will ensure that all assets are fairly divided or awarded to the party they are representing.
Divorce is rarely a surprise, and most people expect when it is coming. The first thing you can do in this situation is to immediately contact an attorney and they will advise you of your legal rights. From there, your legal counsel will tell you what to do before official papers are filed. They will also tell you what not to do and what will be harmful to your case. A flawless case usually results when matters are handled immediately and under the advisory of a lawyer.
Seeking immediate legal advice means that you are the first to obtain information that is essential to the divorce process. Your attorney will usually advise you to make copies of household files. Bank statements, life insurance policies, tax returns, mortgage papers, deeds, titles, stocks, and payment stubs from both you and your spouse are all necessary to properly determine the division of assets.
After having these papers on file, it is critical that you make a list of major household items, too. These items include, but are not limited to, cars, furniture, appliances, jewelry, and anything deemed expensive. Attorneys are able to determine where specific items should end up when the divorce is finalized. Further matters occur after the type of divorce is determined.
Most states have what is known as summary divorce. This is usually immediate and pertains to couples who have been married for a short amount of time (under five years) and who have no minor children. There is also an uncontested divorce which is a circumstance in which both parties settle outside of court with zero issue. Unfortunately, if agreements pertaining to child custody or property assets are unable to be made, a contested divorce must go to court.
In addition to material assets, your children are of the utmost importance when filing for divorce. In matters pertaining to unsafe environments for both the spouse and children, an attorney will advise obtaining an ex parte that will rule in temporary favor of you and your children. However, a hearing is needed for an ultimate and final ruling to be made. Depending on the type of divorce, though, matters of child custody are usually worked into an overall agreement.