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Should you have an attorney for a divorce?
If you are considering getting a divorce or your spouse has already filed for a divorce, it is definitely a good idea to get an attorney. The bottom line is that an attorney is something that you should get to protect yourself. You will have a lot of questions and you will certainly need to have the precise answers. Most importantly, you need to understand that there are a number of possible outcomes and an attorney can help you decide what you want to do in order to protect your future.
There is still the option of representing yourself in a divorce proceeding. But, this is not really the recommendation. If there are serious issues at hand such as your children or assets, it is best to have the right answers from your attorney. The attorney can represent one of the parities at hand, not both. If you are not able to afford an attorney, the judge will seek assistance for you from your spouse.
A big reason to get an attorney in times of divorce is that there may be the question of spousal support involved. This is called alimony. Alimony depends on on the length of time you and your spouse were married, the age and health of the parties involved, and whether or not it is possible for one of the parties to earn income. If they can't earn income, then they can't maintain the marital standard of living. In this case, the court may order support paid by one spouse to another. Remember that this is different question from child support.
Depending on the circumstances, spousal support can be for a limited time period or for an indefinite period . If circumstances change in the lives of one of the spouses, alimony can be reviewed again. If in fact the spousal support is waived, then the party giving up the support can't ever come back to ask the court to award it again.
You may also want to have an attorney to ensure that pensions and retirement accounts are protected. Pensions and retirement are marital property that can be divided in times of divorce. They can be given a present value based on the kind of pension and the parties' rights to receive an income from that pension. Most of the time the court system is fair in this decision, but an attorney will argue for your rights and make sure that your side of the argument is taken into account.
In the event that you are unhappy with the service you are receiving from your attorney, it is imperative that you talk to them about it. Explain your case and make them recognize why you are unhappy with their work. If you cannot work out the situation with your attorney, you have the right to find another attorney at any point in the game.
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