What Is A Divorce Attorney?
Divorce attorneys are some of the best paid people in the country. Given that they can mean the difference of millions of dollars to wealthy ex-partners, it is no surprise that they can command astronomical pay packets from their clients. Unfortunately divorce is one of those regrettable necessities in life, and ever since the invention of the institution of marriage, there has been a need to ‘undo’ the knot that is tied.
When negotiation fails; when all other avenues are exhausted and when the spouses fail to reconcile their differences; this is when the divorce attorney steps in, usually as an advocate of one side or the other, and tries to make the best of a bad situation for his client.
Annulment
A good divorce attorney may first seek an annulment to the marriage. This is possible where either party can show that there was some fundamental defect present in the contractual agreement under which the marriage is made. The requirements to satisfy annulments to a voidable marriage are strict; your attorney will be able to tell you whether this is a potential route or not.
A divorce proper recognises that the institution of marriage is valid, and that one or both parties want to break from the agreement. If only one party wants the divorce then there must be some grounds for divorce: adultery, behaviour, or previous separation are all legitimate grounds for divorce. Once again, a divorce attorney will be able to tell you whether you have grounds or not.
Property And Money
The lion’s share of the time required by a divorce attorney is in the splitting of the couple’s property. A likely scenario will have both sides represented by an attorney, both of which are fighting to get the most for the person – or people – that they represent. The general rule of thumb is that each person will get 50% of the assets acquired during the marriage; this includes assets and debts.
Alimony payments stem from the situation where one party is unable to maintain themselves. In this case the husband or wife will support the other’s lifestyle for a period of time after the split.
Custody
The custody of children is a complex subject that we will not deal with here. Suffice to say that this is a big area in which a good divorce attorney can help.
Is It Worth It?
Hiring a divorce attorney can be a very expensive proposition; the more that is at stake, the more the cost of the support becomes worth it. A good divorce attorney can be worth their weight in gold.
