Think very carefully about what you want in a Palmdale divorce attorney. The primary concern is to make sure your rights are protected and that you get whatever spousal support or child custody arrangements you’re looking for, but what type of approach do you want to use to achieve those goals? Are you looking for the stereotypical barracuda divorce attorney who would devour his own young to win a case, or do you want someone who can get it done without animosity and thug tactics?
For someone in a rational state of mind, the decision would be simple. A non-confrontational approach is always better than a guns-blazing philosophy, but an aggrieved spouse in pain may not feel that way. The desire to punish the opposing party can get in the way of doing what is right and fair. Obviously, if you’re a victim of abuse or infidelity, that changes the nature of the proceeding, but even then there is a rational way to deal with divorce. Our firm always strives to find that way.
If there are children involved, do you want them to see Mom and Dad slugging it out in open court? Is any amount of money or property worth destroying their ability to get what they need from both parents? These are thought-provoking questions, ones that every California divorce attorney and his clients have to ask and answer before beginning a divorce case. Even if the parents can’t get along anymore, the welfare of the children needs to be considered. California law does require psychological evaluation of all parties if parents can’t agree on a suitable financial and custody arrangement.
There are also a number of secondary issues that can be brought into a divorce proceeding. A failure to comply with an order for child or spousal payments can result in contempt of court charges; something we can represent you on or ensure is enforced upon the offending party. We also often see restraining orders in place as a result of actions before or during divorce proceedings. If you are under one of those or holding one against your spouse, please let us know up front so we can advise you on the best course of action for your divorce filing and any future dealings with your soon-to-be ex-significant other.
Lancaster, CA Divorce Advice Blog:
Why fight it? Why uncontested divorce is the best approach.
Approximately 90% of divorces are uncontested. What this means is that the parties involved are able to settle their differences without even going to trial. Sooner or later the divorce parties choose the path of less resistance. The key is to be reasonable and agree before spending unnecessary time and money.
What’s a divorce? A divorce is “dissolution” or termination of marriage through the court, making parties single. Through the divorce the judge can make child support, spousal support, custody and visitation, property division, and other orders. If there is domestic violence the court may also grant restraining orders.
If both spouses agree on the maintenance, property, and custody and visitation of the children, a divorce may proceed by “mutual agreement.”
The parties don’t need to test or prove anything. They just sign the separation agreement. It is not necessary to appear in court. Because of this, uncontested divorces usually save significant time and money compared to contested divorces.
By contrast, two spouses go through a contested divorce if they’re unable to reach an agreement on issues even after trying alternatives like mediation. When this happens, the divorce case then goes before the court where the judge makes the final call on each issue a lot of times with severe time constraints and after considering limited or incomplete information on the issues.
Do parties really need a divorce attorney for a “simple” divorce?
Before you start your case, even if you believe it is simple or that it will be uncontested, talk to a Lancaster, ca divorce lawyer to help you make the best decision.
If you plan ahead you can avoid costly mistakes and save time, money, and the need to drag children through the court system.
Whereas having an attorney isn’t always necessary for an uncontested divorce, getting an attorney for a contested divorce is probably a prudent measure. This is because the issues involved are usually complex and may involve navigation of technical legal procedures. In general, contested divorces tend to be much more stressful, take much longer to complete, and also cost more due to attorney fees.
Hire a lawyer who has handled many divorce cases, with whom you feel comfortable on a personal level, and with whom you can communicate easily because you will have to discuss with your attorney highly personal and sensitive matters. The Law Offices of Jesus Zuniga in Lancaster, CA will be able to help you through your matter with a delicate combination of aggressiveness, compassion, and dedication.
If you couldn’t have a civil conversation with your significant other while the two of you were together, what makes you think you can do it when you’re going through a divorce? When husbands and wives who are separating attempt to go into court without a Lancaster Divorce Attorney, they often find themselves arguing in front of the judge, not an action that will gain any sympathy for either party. If you want things to go smoothly, you are much better off letting an attorney do the talking for you.
Divorce is not a pleasant situation, even for the most amicable of couples. If there are children involved, it can be even worse. Parents can take all the right steps to get their kids used to the idea and still not soften the blow when the time comes to finally end their marriage. If the children have to make an appearance in court, the emotional scars they end up with will last a lifetime. The fallout could involve rebellion when they become teenagers, discipline and learning problems at school, and the possible need for individual or family counseling.
In some cases the pain is unavoidable because staying together would be far more traumatic than divorcing, but in other instances, if each party hires a good California divorce attorney, differences and custody issues can be settled outside the courtroom. The two parties can then present a united front to the judge and ensure that the process goes smoothly without the need for child involvement. The kids will still know what’s going on and be affected by it, but at least they won’t get dragged into court.
A good divorce attorney will encourage you to not use your children as a bargaining chip or try to get them to take sides in a divorce proceeding. This never brings good results. Even if you get everything you want, there will be long term resentments, emotional scars, and a fractured family structure that can never be repaired. Divorce might be the end of a husband and wife relationship between you and your spouse, but it doesn’t have to eliminate the presence of both a mother and father in the lives of your children.