The DIY divorce route looks very attractive. The most important attraction is of course the prospect of saving a lot of money that would usually go to the lawyers. Another aspect of this route is the relatively fast process where the divorce is usually granted within a few months.
These two and related aspects of DIY route make many people opt for the procedure. However, many couples soon find out that DIY divorce is valid for a very specific set of circumstances. Almost every couple has one or more issues that make the DIY divorce very impractical.
In any divorce, three important issues always crop up. The most important issue is the issue for custody of children. This is one of the most important issues that often cause severe rift between the ex spouses. Every parent wants to keep the children with him or her. For a judge, it is always one of the toughest and heart breaking aspect of the divorce.
When it comes to child custody, divorce lawyer is essential. Child custody laws are considered special case law in the statutes governing divorces. Thus, in order to ensure that you get the custody of the child, it is important that you have a lawyer guiding you throughout the divorce. A connected issue where the divorce lawyer is able to help is securing child support payments. Only a competent lawyer could ensure that the court order includes both a figure and payment schedule. In several cases, where the spouse fails to adhere to the schedule, the lawyer could initiate recovery proceedings.
Division of the assets and liabilities is another thorny issue between the spouses. This is actually an umbrella term for several related issues concerning the financial circumstances of eth couple. One situation where the lawyer could be of immense help is the identification and cataloging the assets of the couple. There are assets owned individually and shared amongst the couple. The shared assets are of more importance because they are often the first to be partitioned based on the individual stake in ownership. However, contrary to popular perception, the court can issue orders about the individually assets if one spouse could offer a valid and well supported claim. This is why the presence of the lawyer is so important. They are able to understand the legal requirements of the division of the assets and advice their clients accordingly. In addition, the lawyers could use the services of financial experts who provide tip and tricks for salvaging the most worth for the client.
Division of the liabilities owned by the couple is as important as division of assets. Many people assume that the division of liabilities follows a similar pattern as that of division of assets. However, since ownership of liabilities is very different from assets, the judge could order a very different partition of liabilities. However, a rule of thumb is that liability goes to the person who initiated the debt. The leftover amount of the liability is usually debited to the person or credited to the assets owned.
