An experienced divorce and family attorney can help clients navigate the complexities of marriage dissolution. For most people experiencing a divorce, the weight of emotional concerns can blur the practical issues that surface in every marriage dissolution. These issues range from tax issues and pension disbursement to the determination of marital property. The emotional concerns, a desire to expedite a painful process, and monetary limitations can prompt people to share legal representation or forgo representation all together.
This can be to the detriment of practical issues. The results can be disastrous in even the most amicable of divorces. In many marriages, income is disparate between partners. This disparity presents differing concerns for each spouse.
The spouse with the lessor income will need the means to live while job searching or pursuing an education. This spouse's contribution to the family must not be underestimated in a divorce settlement. Conversely, the higher earning spouse is often unaware there are limits regarding the court's assessment of overtime pay and bonuses. In each of these situations, a divorce and family lawyer can navigate the subtleties of family law that are favorable to the client.
Marital property is often contentious in a divorce. For example, many mistakenly believe that property purchased after a legal separation will not be considered marital property in the divorce proceeding. Some items might not be deemed marital property, such as a home owned by one spouse prior to the marriage, but lived in and upgraded with marital funds, to the detriment of the disadvantaged spouse. An experienced divorce and family attorney may actually prevent such a client from making concessions when the situation relegates itself to a gray area of the law.
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