Divorce can be very emotional. If you have been with your spouse for a long time or if there are children in the mix, you may wish to try and end the marriage as amicably as possible. With that said, there are certain situations where walking into divorce court without a lawyer could be a bad choice, no matter what your spouse tries to tell you. Here are some scenarios where you will definitely want to find a competent attorney to represent you.
Child Custody is on the Table
If the custody of your children is up for debate, don't just hash out an agreement with your spouse. Hire an attorney to negotiate for you. Consider that a divorce judge might not accept the spouse to spouse agreement if there are other factors in play. Courts have an obligation to support whichever parent will work harder to provide educational and moral growth for the children. If something else comes out during your divorce trial that affects the judge's opinion of you, then whatever you decided with your spouse regarding the kids is likely out the window. Also keep in mind that your spouse could change their mind at the last second and demand full custody. Then you would be in a situation where you'd have to fend for yourself without an attorney.
The Relationship Has a History of Violence
If you are divorcing someone because of domestic abuse, the spouse that hurt you may try to tell you that they are changing their ways or that they are sorry and they just want to come to a mutual agreement for the divorce with no drama. Don't believe them. You can not negotiate with someone who used domestic violence. You may very well be negotiating from a place of fear without even realizing it. Divorce lawyers have seen this situation before and will know what to say and do to get you through this difficult situation.
You Need an Investigation
If you are divorcing someone because you believe they are hiding something from you, you should hire an attorney to help lead your investigation. If you show up in court with accusations but no hard evidence, it may be hard for the court to side with you. Many lawyers are experts at procuring documents and they can also take depositions of people who may have information about the case.
Going through a divorce can be a traumatic experience that you want to be over as soon as possible, but don't let your emotions push you into an agreement with your spouse without talking to a lawyer first. Divorce lawyers are absolutely needed in any case where child custody is up for grabs, there is a history of domestic violence or you need someone to investigate your spouse's activities ahead of trial. For more information contact a local lawyer, like Emery Jamieson LLP.Share
22 October 2014
The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.