You are getting ready to file for a divorce and may start to think whether or not you really need a divorce attorney. You may get along with your soon to be ex-spouse and think an attorney will complicate things. You may already have an agreement with them and think why you need an attorney to draft the settlement agreement. You may also wonder whether it is even worth it.
Having a divorce attorney during your divorce can help you navigate the legal process. There are many different things that can pop up where having a divorce attorney help you can make the process more streamlined and ensure that you a following the proper procedure in your specific case.
First and foremost, filing for a divorce is not as simple as filing divorce paperwork and being done. Indiana courts are required to issue orders to finalize your divorce and that can only occur after a settlement has been reached and filed, along with a waiver of final hearing, or after a hearing. There are certain time periods before which either of those can occur. Having a divorce attorney can help you understand the process, ensure the correct documents are drafted, and submit them to the court in a time-appropriate manner.
Even if your spouse and you are in complete agreement, having an attorney represent you in a divorce case can be beneficial. Because most divorce litigants are not familiar with divorces and issues that can occur after a settlement agreement is reached and approved by the court, having a divorce attorney help with drafting the agreement can be important. Having the experience of dealing with poorly-written divorce agreements and attempting to enforce them after the fact allows divorce attorneys to offer a unique perspective when drafting a divorce agreement. Additionally, having a good divorce settlement agreement, can help limit expenses down the line, so hopefully you won’t need to return to the court to address things that should have already been done.
Some people wonder if having a divorce attorney is even worth it for their particular case. Having someone who is educated in the area can obviously provide tremendous benefits. The extent to how much of a benefit it can be likely varies on a case-by-case basis, but even having a consultation with a divorce attorney can provide insight that someone may not know they need. It is not uncommon for potential clients to be surprised that divorce settlement agreements or divorce courts will divide things that were not even anticipated by the parties. Discussing what to expect can sometimes provide for surprises that were not expected by spouses to a divorce.
What a divorce attorney can do to help you varies in every case. Having a divorce attorney in your corner means having someone who can provide you with legal advice when exchanging discovery, negotiating potential settlement terms, and communicating with the other side. It also means having someone fighting for you in court if settlement negotiations break down. Going through a divorce can be a stressful life event. Whether it feels stressful or not, people typically have an emotional investment in their case. Having a divorce attorney helps by taking the emotions out of it and provide advice throughout the proceedings.
If you or someone you know is going through a divorce, consulting with an attorney regarding your case can be helpful. The attorneys at Banks & Brower, LLC can help with your case. Give us a call at (317)-870-0019 to help you navigate your case.