Divorce settlements are not so easy to understand for everyone. Some people might not even know what it is. Some wonder how a lawyer can help with the process. Others ask whether it is even necessary to have a lawyer to help with the proceedings.
It is important to note that the settlement agreement may affect child custody, child and spousal support, and even division of property and assets. A divorce can be extremely troubling and wrought with emotion.
Sometimes divorce cases and settlements end up in court and legal assistance may be necessary. The entire process and legal procedure can be stressful and costly. Spouses sometimes look for pre-settlement funding to help ease the strain of an already stressful situation.
Hiring a lawyer can be very helpful when it comes to divorce processes. Legal assistance can make sure that the other spouse provides the required settlement. Especially when they have enough resources to ensure that both spouses can live a quality life even when they’re no longer married.
A lawyer can offer assistance in various matters. Similarly, it can help if you know enough about divorce settlements. You can stay on top to make sure that the divorce settlement offers the necessary funding.
To develop a better understanding, let’s look at how you can get a divorce settlement with the help of a lawyer.
What Are Divorce Settlements?
The divorce settlement is sometimes named differently in different states. Regardless of what the state or the court calls it, the process will usually be the same. A divorce settlement usually refers to an agreement between the spouses to complete the entire process for the divorce to be completed and finalized.
Divorce settlements involve matters of child custody. Which of the parents will have primary or sole custody of the child or the children. This will include spousal and child support for the noncustodial parent and payments to the other spouse. Moreover, divorce settlements also deal with the division of property while taking into account liabilities and assets.
The divorce settlement agreement can be made through a number of ways. It is possible through a divorce civil suit, a state program, arbitration, or mediation. Before settling the dissolution of any marriage, there are certain requirements that need to be fulfilled.
Entering Into an Agreement
Note that it is not necessary to enter into a settlement agreement before filing for divorce or even separating. However, it would definitely be better for all the parties involved to reach some form of agreement. It can help the spouses save lots of money and time.
The spouses are free to reach an agreement by the time the divorce trial starts. The main reasons behind entering into agreements include avoiding expenses for legal help, costly fees and proceedings of the court.
Both the parties can compromise by quickly taking into account what each party needs or wants. The matter can be concluded without too much trouble and conflict.
Why Do You Need A Lawyer?
As we previously mentioned, an individual does not necessarily need a lawyer for a divorce settlement. However, it is strongly recommended to have a lawyer to support you and protect your rights.
The documents surrounding a divorce agreement should be perfectly correct and all necessary legal provisions should be incorporated. The lawyer or a legal professional can help catch any mistakes or anything that needs to be corrected.
Conflicts or problems can arise where the parties are not in complete agreement. For instance, where one of the parties requests for waiver for certain future claims, sole custody of the child, or possession of various items and assets.
The paperwork and the process may harm the interests of one party. With a lawyer’s help, the divorce settlement proceedings can be made easier, while also ensuring that both parties get according to their rights.
Some other things that a lawyer can help with include:
- Understanding the situation fully.
- Seeking peaceful negotiations with the other spouse.
- Understanding your rights and responsibilities.
- Protecting your needs and wants as best as possible.
- Informing you about the best and worst agreement options available.
- Keeping emotions away from the settlement agreement.
Deciphering Legal Jargons
The lawyer helping you with a divorce settlement can review documents to find any inconsistencies or issues. But more importantly, the lawyer can also review the documents to make sure that there is nothing in legal jargon that might confuse the client.
In the case that a confusion does exist, the lawyer can explain the cause of the provision that you might find difficult to understand. Misunderstanding of legal jargons is common among people not associated with the legal profession.
Legal jargons may be specifically used to protect the interests of the other spouse and can sometimes cause serious complications. Your interests or rights might be hurt while the other party enjoys custody or spousal support. Sometimes legal jargons may be used to prevent possible future claims.
Seeking An Alternate Method
Another way a lawyer can help you with divorce is through seeking another path to end the conflict between you and your spouse. This also includes reaching a settlement between both parties before the case gets to a court of law. Other options include arbitration and mediation.
Mediation, which is basically open dialogue and communication, is a less formal option but it can significantly cut down both time and costs. Lawyer can give an individual useful advice that can help him or her to reach an agreement through compromise.
If the conclusion or resolution is not binding, the option of litigation or standard proceedings of the court will still be available. Even without mediation, the parties can seek to work through the matters without involving the court.
If the spouses are on amenable terms, they can sign a “divorce agreement”. This agreement and its terms will be legally binding on both the parties. However, it should be pointed out that the judge will usually review the contents of such a document. This is to ensure fairness in all the cases.
However, in certain cases there may not be any agreement already in place. Some proceedings may be necessary depending on what the lawyer may suggest and what options are available in any given case.
Without a lawyer, complications may arise that could lead to an invalid divorce settlement which might require starting new proceedings.
The legal professional you hire for the divorce settlement proceedings will provide support throughout the process. They will also inform their client about the options available and how they can achieve certain goals. They will take care of filing paperwork and serving the other party as well.
With a lawyer’s help, you can take care of major concerns by working with a professional throughout the proceedings. Most importantly, the lawyer can help increase the likelihood of a successful outcome. Trusted and professional advice will help you understand how to proceed.