why would someone in a divorce be advised by a lawyer to see a doctor?

by Reva Kutch 9 min read

If you are a doctor considering getting a divorce, you should contact a divorce attorney as soon as possible. Divorce can be a very difficult process. Added complications may arise when doctors divorce, especially in situations with a private practice.

Full Answer

Do I need a divorce attorney if my spouse has one?

You don’t need to hire an attorney simply because your spouse has one. However, in certain complex divorce cases, you’d be wise to seek legal counsel. Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it.

Can my spouse see my medical records during a divorce?

In some situations, a judge may order you to provide medical records directly to your spouse’s attorney and the court for an in camera (" judge's eyes only") review. This prevents your spouse from seeing your private medical information, but allows a judge to analyze relevant medical information in order to decide your case.

Should you use a lawyer or mediation in a divorce?

If you worry that an attorney will drag on the divorce process and cost you your life savings, then consider mediation. Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice.

Do you need legal advice to deal with a divorce?

Just like it takes a village to raise a child, it takes a team to deal with divorce. You need legal advice. Getting a divorce without it can cause you problems for decades to come.

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What are the five stages of divorce?

There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

How do you avoid getting screwed in a divorce?

Sign up for National Breaking News AlertsDig into your spouse's business. ... Protect your flanks. ... Nail down any money you brought to the marriage. ... Go after the pension and retirement accounts. ... Don't expect permanent alimony. ... Fight for health benefits, when you don't have your own group plan.More items...•

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

What a woman should ask for in a divorce settlement?

A detailed parenting-time schedule—including holidays! It's in your best interest, and more importantly in the best interest of the children, that you have a detailed schedule in an attempt to avoid issues down the road. This parenting-time schedule is an extremely important thing to ask for in a divorce settlement.

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

How can a woman protect herself in a divorce?

5 Helpful Tips to Protect Yourself When Your Spouse Files for...Hire An Attorney. You may not know that you are not actually required to litigate a divorce. ... Cancel Joint Credit Cards. ... Keep Tight Records. ... Don't Sign Anything. ... Choose Your Words Carefully. ... Protect Yourself.

What happens to money in divorce?

State laws are relatively consistent, holding that marital property is subject to division in a divorce, and includes all money earned during the marriage, even if it is in an account solely titled in your spouse's name.

How do you deal with a vindictive wife in a divorce?

It's not easy dealing with a vindictive spouse during a divorce, but there are things you can do to minimize the impact of his or her actions.Remain Calm. ... Pay Attention to Your Behavior. ... Don't Stop Talking to Your Spouse. ... Consider Your Financial Future. ... Avoid Putting Your Children in the Middle.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

When should you give up on a separation?

Statistical research shows that the average length of separation before reconciliation is six to eight months. Thus, it is a safe period when the spouses can cool off and decide whether they want to give their marriage another chance or get a divorce.

Should you date during a divorce?

Divorce and dating rarely go together. Not only can dating during divorce potentially jeopardize your divorce settlement and child custody arrangement, it can rock the emotions of everyone involved. Before you start downloading dating apps, consider the following reasons NOT to date during divorce.

What can a court hear from a child psychologist?

If there are allegations of physical or emotional abuse in the household, the court will often allow testimony from child psychologists, therapists and doctors. Together, these healthcare professionals can evaluate the children involved in the divorce and write out an unabridged version of their living environment. From there, they can make recommendations to the court about what would be in the best interest of the children. Expert witness testimony often carries a substantial amount of weight with the court.

What is alimony maintenance?

When alimony (maintenance) involves a medical claim, a doctor or healthcare professional may offer important testimony. For example, let’s say one spouse attempts to impute income to another spouse, claiming that they should be working when in fact, they are not. If the non-working spouse suffers from health issues that prevent them from working, a doctor could testify on their behalf to support this claim and avoid any income being attributed to them.

What is included in a divorce case?

The key issue for what gets included in your case is its relevance to your divorce. If you're requesting spousal support, records regarding a disability or a chronic medical condition that prevents you from working will need to be presented in your case.

What does a judge consider when deciding custody?

For example, a judge may consider each parent’s mental health and emotional stability when deciding custody—frequent hospitalizations or mental illness may affect a parent’s ability to meet a child’s needs.

Can my ex request medical records?

Although your spouse can’t go on a fishing expedition into your medical history, your ex can request records if they have some bearing on any of your divorce-related issues. For example, a judge may consider each parent’s mental health and emotional stability ...

Can I send my spouse a letter requesting medical records?

You (or your attorney) can send an informal letter requesting copies of your spouse’s medical records. If your spouse refuses to produce them, you can resort to formal discovery requests such as interrogatories or requests for production of documents.

How does divorce affect your practice?

A divorce may affect your shares in your practice and your money flow; in return, this may affect your ability to pay your support staff. Although every situation is different, being proactive and discussing with a divorce attorney the possible repercussions your divorce may have on your practice is important.

Why is divorce so complicated?

The heightened complexity of the divorce could stem from various reasons, such as increased earning potential ; the existence of a private practice; or the amount of financial support contributed by ...

How does divorce affect Massachusetts?

In Massachusetts, the ways divorce can affect your practice may vary depending on your marital situation. Massachusetts judges divide marital property equitably among the spouses upon divorce. It is important to understand that equitably does not always mean equally, as judges base their decisions on fairness.

Does a doctor's practice count as marital property?

This could be even if the spouse acquired the property before the marriage occurred. For a doctor who started his or her own practice prior to the marriage, this could mean the practice counts as marital property and is subject to division. Usually, an appraisal determines the value of the practice. To avoid causing economic damage ...

Is divorce common among doctors?

According to recent studies, divorce among doctors is not as common as one would expect. If you are a doctor who is considering getting a divorce in spite of the positive statistics, there will likely be special considerations that you may need to address with a family law attorney. In general, the divorce process can be a complicated process; when one or both spouses are doctors, a divorce may be even more complex. The heightened complexity of the divorce could stem from various reasons, such as increased earning potential; the existence of a private practice; or the amount of financial support contributed by the non-doctor spouse.

Should I divorce a doctor?

If you are a doctor considering getting a divorce, you should contact a divorce attorney as soon as possible. Divorce can be a very difficult process. Added complications may arise when doctors divorce, especially in situations with a private practice. As a doctor who is potentially divorcing, it is important to be transparent with your divorce ...

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

The Best Advice at the Beginning of Your Divorce

It doesn’t matter how often you threatened to get divorced in the past. Once you actually take steps to get divorced, everything changes. You cross a line that can’t be “un-crossed.” Before you do that, make absolutely sure it is what you want to do.

Legal Advice

Starting your divorce by going to court sets you up for a long and costly battle. Consider using mediation or collaborative divorce. Try settling your case before you ever go to court. If divorce arbitration is available in your area, find out whether that would be a better option for you.

Divorce Financial Advice

If your divorce is amicable, you may be able to get your documents any time. But, when a divorce gets ugly, financial documents tend to go missing.

Advice Regarding Divorce and Your Kids

Yes, everyone says they will do that. But very few people actually do. Be one of those who is a good enough parent, and a mature enough person, to really do what is best for the kids, even if it hurts you.

BONUS TIP

When you are first facing divorce, it seems like your life is over. When you are going through it, your life is hell. But once your divorce is behind you, little by little, you will build a new life. Believe it or not, you will be stronger. You will be wiser. You will be happy.

Emotional Advice

You are going to be a train wreck for a while. Unless and until you deal with your emotions, you are not going to be able to make good decisions in your divorce. The problem is: divorce is filled with huge life decisions. You need someone who can help you deal with those emotions so you can think clearly.

Self-Care Advice

If your spouse is beating you or your children, that is priority number one! Get out of the house. Get a lawyer immediately. Do whatever you have to do to make sure you and your children are safe. If you are not safe, nothing else matters.

What can a lawyer do for you?

A lawyer can make sure that your divorce settlement addresses every issue pertinent to your situation, both big and small. During a do-it-yourself divorce process, people often overlook issues like future college costs for children, tax issues, division of retirement assets, parenting plan contingencies, proper allocation of debts, and other concerns. A divorce lawyer will be able to identify and ensure that your divorce settlement addresses all the issues.

Can you do it yourself divorce?

Often, the " quickie" or cheap, do-it-yourself divorces you see advertised can result in a settlement agreement that you may not fully understand. If you've agreed to something unknowingly, divorce settlements and parenting plans can be difficult and expensive to modify after the divorce is final, and you'll end up having to hire a lawyer anyway.

The Steps, One by One

Do your research, ask around, and interview the right attorney for the job. Consultation appointments are usually complimentary, so take your time and find the right fit. Read reviews, talk to friends and colleagues you trust, and shop around. Make an appointment for a consultation. Go and take notes.

The Retainer

And when you decide that you need a lawyer, pay the retainer. The retainer is a lump sum the attorney requests up front in order to cover the initial expenses. A retainer is negotiable and fully refundable. Retainers vary based on individual lawyers, cities, counties, and often states.

Trust Yourself

Above and beyond all, trust that you’re making the right decision. It’s the right move in the direction you want to go, so even though you’re afraid, you’re going to be okay. It’s going to be okay. It’s this person’s job to look out for you.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

What to do if you can't agree on custody of your child?

If you have children and you can't agree on a custody arrangement with your spouse, you should hire an attorney to help you sort this out. There are many factors that go into a custody decision. An attorney who understands the law can help you be successful in the custody process.

Can a couple have one attorney for divorce?

Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt division, and custody issues may want to hire one attorney to draft up a divorce agreement. But, the spouse who hires or “retains” the lawyer is the lawyer’s client.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

Can I share my divorce attorney with my spouse?

Can I Share a Divorce Attorney With My Spouse? Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too.

Can you argue divorce in court?

Mediation is confidential and even if you and your spouse don’t reach an agreement, you can still argue your divorce in court. The major drawback of mediation is that a mediator can’t advise you if you’re making a good decision – only your own attorney can.

What to do before divorce without a lawyer?

Besides, there are some measures that are needed to be fully considered before taking a divorce without a lawyer like, talk with your spouse about any future problems that might incur related to your marriage, what to do in case one of the partners decides to marry someone else.

When do you need a lawyer?

When can a lawyer be needed? In most cases, a lawyer is involved when the couple has children so that a mutual agreement could be made between both the partners. Moreover, when there are shared marital assets to be divided, then a legal process is mandatory to make sure that each partner gets an equal and fair share.

What is required for a divorce to be completed?

Further, for a divorce proceeding to be completed, a lot of paperwork is required by both the partners. This can be perfectly done with the guidance of a lawyer. There are so many things that you may not know, but a lawyer does.

Can you get divorced if you have not been married for a long time?

So, there is nothing to be divided amongst the partners that are filing for the divorce. Also, you can go for an easy divorce when it has not been very long since you got married.

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