When a marriage drifts apart, couples are sometimes forced to consider calling it quits. Filing for divorce can be the result of an irrevocable trust and a rift between soon-to-be-former spouses. The divorce process can be a lengthy legal battle, and a great deal of stress on not just you, but those who you love. Here are some things to consider that may make hiring a divorce attorney in your best interest.
Protecting Your Interests
For some couples, divorce can seem imminent. For others, a spouse can be caught completely off guard with a divorce petition. An attorney can hold your hand through this legal split, helping in negotiation and understanding to make clear-headed decisions. Steven M. Bishop, a San Diego divorce attorney, is a certified family law specialist with over four decades of legal experience handling divorce proceedings. His legal services have been recognized for their utmost care and professionalism.
The attorney-client relationship is crucial in figuring out the best possible outcome to avoid a contentious divorce. This includes having a clearer head in proposals for property division that actually work out for all parties and aren’t just viewed as a “fair deal” to expedite the legal process. Even if you and your spouse are in agreement on your terms, you can file an uncontested divorce. However, it’s best to have a divorce attorney in your corner to make sure these terms are not only acceptable in a court of law, but also look ahead to avoid any issues that may come up down the line.
Child Custody & Support
One of the more difficult circumstances of divorce proceedings arises when children are involved. In a child custody matter, the terms ‘custody’ and ‘visitation’ have legal definitions that might be different from what people commonly think. Legal custody determines who makes decisions for the best outcome and future for the kids. That includes health, safety, and education. Most courts seek to award joint legal custody to allow parents to share in the decision-making.
Physical custody determines the parent(s) that the child lives with through these family law issues. This could even be deferred to grandparents taking care of their grandchildren if it’s in the best interest of the children. Parents in a contested divorce may consider a visitation schedule as part of their parenting plan. This could figure out pick-up and drop-off times, and a schedule for holidays and vacations. These custody agreements can also evolve over time to adjust support payments to one spouse for a child’s welfare and education. Legal options can also change to allow for different deviations in support or custody over time.
An experienced family law attorney will guide you through potential options to distribute assets. This can include estate planning, such as drafting a will to state who receives certain property or who is appointed to take care of your minor children in the event of your passing. If you neglect to put a proper will in place, this could create further legal issues. It’s possible that someone may receive access to property or retirement accounts that you may have preferred to go elsewhere depending on probate laws.
In working out this legal matter, some equity firms will guide the trustee or executor of an estate through the proceedings. This can include solving financial problems or funding the buyout of heirs. Equity firms can also offer trust loans to beneficiaries to provide emergency funds for things like medical expenses, taxes, or property repair. Each estate is not one-size-fits-all, and just like divorce proceedings, a personalized approach and a mutual understanding will go a long way for the benefit of all parties.