It helps to have a lawyer during divorce proceedings because chances are it is a process you'll be going through for the first and only time. Lawyers help file paperwork, guide you through the entire process, and try to reach a settlement by eliminating obstacles. To help make the process go smoothly, you'll need to know the following 5 things.
Nobody Wins During A Divorce
It's common that spouses try to come out of a divorce giving up as little as possible, but you will always lose something during negotiations. Once you realize that you have to make concessions, it will make arriving at a settlement easier.
Avoid Litigation By Being Rational
Divorce proceedings do not need to go to court unless they absolutely have to. Once a case goes to trial, you lose complete control over the outcome. You are always at an advantage during negotiations, and it is in your favor to arrive at a settlement outside of court. It allows you to decide on what concessions you make with your spouse that are fair, rather than having somebody else make them for you.
Settling Early Helps You Move On Faster
Your marriage is ending and you will want to move on. If your case does go to trial, it will only extend the entire divorce process. Rehashing old wounds will not help the situation on an emotional level, only make it worse.
Divorce Settlements Are About Legal Closure
Don't make the mistake of thinking that your legal proceedings are about getting emotional closure to your marriage. Chances are that will not come until months or years down the road. Emotions are often a factor that does not count in court. While you can make them known, bringing up emotions will not help. You are better off showing to a judge or arbitrator that you are a reasonable person.
A mistake that is often made is when emotions get in the way of courtroom procedures. Thing such as talking out of turn to a judge, yelling at a spouse, and being too flustered to answer questions. These mistakes due to your emotions can end up hurting you.
Spouse Misconduct May Not Be Not A Factor
Most states have laws that prevent spouse misconduct from being a factor in a divorce case. It's difficult to accept, but you must understand that those actions cannot be brought up in court if you live in a state that prevents it.
If you have any more concerns about divorce proceedings, a local lawyer (such as one from Burgess, Harrell, Mancuso, Colton, La Porta & Shea) can help answer them for you.