The Importance of a Divorce Case Evaluation
Posted: Saturday, March 14, 2009
by Matthew O'Connell
http://www.greatdivorceadvice.com
Whether you were the one to initiate the divorce or were in the opposing role as the one served with divorce papers, a good divorce lawyer is important to help you understand your rights as you navigate the divorce process.
Even if your divorce is as amicable as it possibly can be, it's crucial to have an attorney in your corner who knows how to protect your rights, and your children's rights, to make sure that you fully understand the legal ramifications of any decisions you make.
Divorce significantly impacts many aspects of your life, so you want to make sure that the attorney you choose is experienced enough to deal with these issues.
Interview a number of different lawyers, and go with the one that inspires the most confidence in you. Once you've chosen your attorney, you'll need to set a meeting to go over your options.
Realize that you'll be asked to answer some difficult questions. Be sure to answer them openly and truthfully.
Your divorce attorney needs to be fully informed about your marriage, including all of your joint and separate assets and expenses, your children, and personal issues in the marriage. It will help you if you come to this appointment armed with relevant questions, like:
• How long have you been handling divorce cases?
• Should I settle the case, or is it better to go to trial?
• What are your fees and billing arrangements?
• What can I do to make sure my children are protected?
By setting up a case evaluation for your divorce, you will begin your divorce with a complete and well-prepared petition. This document lets the court know that divorce proceedings have been initiated, and sets forth the terms you are seeking, such as child support, legal name change, spousal maintenance, and division of assets.
If you will be responding to a petition brought by your spouse, your divorce attorney will submit a paper to the court that admits or denies the allegations enumerated in your spouse's petition.
During this stage of the process, your attorney can also file a counterclaim or cross-petition, in which you bring up issues that your spouse did not raise in the petition.
Other aspects of a divorce case-including temporary orders, the discovery process, and settlement negotiations-will occur before your case goes to trial. If you believe you have a strong divorce case, it's especially important to choose a lawyer that is willing to guide you through the process and make sure that your best interests are protected.
A detailed divorce case evaluation will ultimately mean a better outcome for your divorce. Without this kind of evaluation, you may end up going to trial unprepared.
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