what a divorce lawyer needs to know

by Wendy Yundt 10 min read

Your divorce attorney must know that you share children with your spouse. While they don’t need to know every detail of your children’s lives, child support and custody are two major issues in any family law matter that involves children. Your divorce attorney can help you understand the ins and outs of child support and custody.

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Do I really need to hire a divorce lawyer?

Jul 26, 2021 · Your divorce attorney must know that you share children with your spouse. While they don’t need to know every detail of your children’s lives, child support and custody are two major issues in any family law matter that involves children. Your divorce attorney can help you understand the ins and outs of child support and custody.

What does it take to become a divorce lawyer?

A divorce divides property and outstanding debts. Your lawyer must understand what this entails so they can determine what to consider in their case. They’ll need to ensure everything is divided appropriately and fairly according to the law. They also need to know if there are any particular items you want to keep so they can negotiate ownership.

What to look for in a good divorce lawyer?

You need to anticipate that your secret will not remain so, and trust your divorce lawyer with the skeletons in your closet. Tell your lawyer about any of the following: Current (or past) illegal drug use and/or addiction issues. Taking anti-depressants or mental health diagnoses or treatments. Being romantically involved with anyone else.

Do you really need a divorce attorney?

Nov 25, 2019 · What Your Divorce Lawyer Needs to Know. by koniceklaw | Nov 25, 2019 | Divorce. Going through a divorce is a very overwhelming process for a lot of people. During this time, you might feel defensive and the need to protect yourself. The experts say people can also keep certain information to themselves in order to sidestep topics they don’t ...

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What to ask for during a divorce?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.Sep 14, 2017

How much does a divorce cost in South Africa?

An uncontested divorce can cost anything between R800 and R20 000. The cost mostly depends on the complexity of the divorce settlement agreement and the complexity surrounding the care and contact of any minor children.

What to ask yourself before getting divorced?

Questions to Ask Yourself Before You DivorceWhat Has Gotten You to the Point Where Divorce Is the Option?What Have You Done to Try to Fix the Problems?What Will the Impact Be on Your Children?What Were the Best Times in Your Relationship?Sep 21, 2020

Who pays for divorce in South Africa?

Always a significant issue in a divorce case are the legal costs and who must pay. The truth is that if one spouse is unemployed and the other the major breadwinner, the breadwinner at the end of the day will have to pay the costs of both sides, or at least contribute thereto.

How long does the divorce process take in South Africa?

An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.

How do you know it's time for divorce?

It's okay to be casually comfortable with your partner! But, if you no longer find joy or simple happiness with your partner, or even feel resentful of them, then it's time to file for divorce. You deserve to be with someone with whom you're happy, not just be in a comforting habit with the one that you have.Jan 7, 2021

What are the signs your marriage is over?

7 Signs Your Marriage Is Over, According to ExpertsLack of Sexual Intimacy. In every marriage, sexual desire will change over time. ... Frequently Feeling Angry with Your Spouse. ... Dreading Spending Alone-Time Together. ... Lack of Respect. ... Lack of Trust. ... Disliking Your Spouse. ... Visions of the Future Do Not Include Your Spouse.Dec 7, 2019

What to do before getting a divorce?

17 Things To Consider Before Asking for a DivorceWhy Do I Want It? ... Do I Still Love My Partner? ... Am I Rational or Emotional? ... Am I Reasonable? ... Have I Made My Feelings Clear? ... Is There Anything My Partner Can Do to Change the Situation? ... Have I Tried Everything I could? ... Is This the State or a Stage?More items...

How to avoid divorce?

To try and avoid this result, keep your separate property in an individual account and/or keep all records of transactions involving your separate assets. Divorce can be a very complex subject, so consider consulting with a local divorce lawyer before proceeding. Talk to a Lawyer.

What are the grounds for divorce?

Grounds for Divorce. Divorce "grounds" are the legal reasons on which you're basing your request that the court end your marriage. Grounds fall into two categories: fault-based and no-fault. Fault-based grounds are those that require you to prove that your spouse did something wrong, which caused the divorce.

What are the factors that determine alimony?

Some common factors a court considers when awarding alimony are: 1 a spouse's actual need, and the other spouse's ability to pay 2 the length of the marriage 3 each spouse's age and health (both physical and emotional) 4 each spouse's earning capacity and level of education 5 parental responsibilities for the children 6 the division of marital property between the spouses, and 7 income available to either spouse through investment of that spouse's assets.

Why do divorces have no fault?

No-fault has become the avenue of choice in most divorces. There are various reasons for this. Because you don't have to prove your spouse did something wrong , there's typically less anxiety and tension during the divorce process. This is a big benefit, especially if there are children involved.

What is spousal support?

The object is to have the spouse become self-sufficient. Another type of short-term spousal support is "reimbursement" alimony, often awarded in short marriages where one spouse contributed to the other's pursuit of a college or graduate school degree.

How long can you get alimony?

The current trend is away from lifetime or permanent alimony, which is now typically reserved only for long-term marriages—generally considered to be anywhere from 10 to 20 or more years , depending on your state. In the current divorce environment, you're more apt to see a court award alimony for a limited duration.

What happens if you don't get divorced?

The main factor in residency requirement laws is the period of time you've lived within the state where you plan to get divorced.

What to do when you get a sense of divorce?

When you get a sense you are heading for divorce, set up an official system that will include documentation, official correspondence, court records, research, notes and more. Make copies for yourself, your attorney and any other members of your team who will benefit from having pertinent information.

Why is it important to make sure you are treated fairly after divorce?

Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. Whether your divorce issues are narrow and simple or complex and multifaceted, you will still need to acquire a fair amount of information to prepare for divorce.

What do you include in a divorce affidavit?

Include any memberships, reward points, and other perks that may be considered as assets . If you’re in the dark about your finances, that’s okay. You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process.

What information is needed to file a student loan?

Include all information such as balances owed, interest rate, payment schedule and the school, and what period of time you or your spouse received the loan.

How many bills do you have to pay before divorce?

Before your divorce, you had one house payment, one set of utility bills, one health insurance policy and so forth. Now, you and your spouse will now have two of each of these (and many others) to deal with. This means you’ll need to have a thorough understanding of your current and future expenses.

Can you talk to your spouse after a divorce?

Some couples find it impossible to talk to their spouses after an initial split, and that’s understandable. However, just because you’ve separated, does not mean you are done in your relationship with that person. The better your communication and cooperation are, the quicker and easier your divorce will be.

Do you need a financial analyst for divorce?

Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst . The more organized you are upfront will not only save you time and stress, but it will also save you money as well.

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