Contested Divorce Lawyers
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Taking divorce anywhere in the world would be difficult because it means legally ending the relationship that started with lots of love and care. There are various ways of ending the relationship, most of the partners, opt for a no-fault or uncontested divorce as it saves a lot of time, money and efforts whereas partners who do not have kids, opt for contested divorce or fault divorce as they can easily contest for things that they deserve and desire to have even after divorce.. Contested divorce lawyers help the couples in getting a hassle free divorce so that they can start their life anew.
In contested divorce cases, the lawyers have to undergo a high level of stress. It must be the aim of these attorneys to resolve the issues of a contested divorce case with minimum alimony. Throughout the process of divorce litigation, the lawyer has to aggressively contest for the rights of his/her client. For these services, these lawyers demand a large amount of money from the client.
In a nutshell, going through a contested divorce might prove to be a time consuming and emotionally draining experience. It is recommended that the spouses opting for this sort of divorce process hire an experienced divorce attorney who would steer them to a secure place. One of the major things to be kept in mind while hiring an attorney is to make sure that you are comfortable with him so as to share the nature of your relationship with them.
Role of Contested Divorce Lawyers in Preliminary Hearings
The court conducts preliminary hearings in order to issue temporary orders that would be enforced till the divorce proceedings are in progress. The divorce lawyers discuss the following issues in these hearings.
The purpose of Restraining orders is to prevent a spouse from acquiring considerable liabilities or lessen the bank account or value of the marital home till the divorce is finalized.
Role of Contested Divorce Lawyers in Discovery Process
During the discovery process, the spouses seeking divorce have to reveal all their records of liabilities and assets to the divorce lawyers. These lawyers can employ private investigators. The duty of these investigators is to ascertain that the spouses have completely cooperated with the discovery. It is essential on the part of the couple to provide authentic information to the attorney so that non-bias decision can be taken by the judge later on.
From the point of view of divorce lawyers, identification and valuation of hidden assets is very crucial in order to ensure a fair and equitable property distribution. In this issue, investment dividends, rental income and unidentified business interests are of particular concern.
It is the responsibility of the lawyer to assert his/her clients' interests in case of conflict. Sometimes it becomes essential to reclassify separate property as community property.
The lawyers demand evidence like witness lists, credit card bills, property deeds or titles and pay stubs. Basically, the lawyers are in need of proofs that are related to any topic in dispute like visitation, custody or financial issues. In case one of the partners has any kind of problem with the other partner, they should make sure that they have enough evidences to prove them wrong.
Role of Contested Divorce Lawyers in Trial
If a case proceeds to the trial stage, the lawyer must have the skills, dedication and experience to efficiently represent the interests of his/her client during the trial. The lawyer has to carefully present various issues in front of the judge in a manner that would clarify the position of the client. He should have a clear idea as to what all things he has to state in front of the judge that would bring his client in a strong position.
During the final divorce hearing, the lawyer of each spouse presents testimonies from spouses and witnesses, medical reports and financial records to the judge. The judge goes through all the evidences in order to make sure that the right decision is taken.
Sometimes the spouses seeking divorce resolve their issues in dispute prior to the final outlook of the judge. In these cases, the judge grants his/her approval to the agreement and issues the final divorce decree. Things can be settled on a healthy note if the couple decides so. Mediation is one such process through which the things can be settled in a pleasant way.
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