Compton divorce lawyers
Deciding to end a marriage in divorce is never easy. There are several decisions that must be made for the divorce process to happen as smoothly as possible. One of the first questions you must answer is whether or not you need a divorce lawyer. The answer to this question is not simple and will depend on several variables.
Circumstances Where a Divorce Lawyer May Not Be Required
Much of whether or not you will need a divorce lawyer will depend on how you and your spouse are separating.
Some spouses simply realize that marriage is not right for them. However, they care for each other, view each other as friends, and are willing to resolve legal issues in a way that is mutually beneficial. In these circumstances, a divorcing couple may not require the help of an attorney.
This would mean they can come to equitable agreements on issues such as alimony, child support, custody, and the division of property. When a divorcing couple can work together through the divorce process without involving the courts, things go smoother.
There are several benefits couples receive by working together through the divorce process. They have more control over property division, child support, and child custody. They save money and time. If there are children involved, the process is smoother if parents work out the divorce themselves.
If spouses can agree on the major challenges that arise during a divorce, they may have the court grant them a divorce in writing in an uncontested divorce. The court will have to be involved to some extent to dissolve the marriage. If children are involved, there may be short court hearings to confirm issues pertaining to the child’s welfare.
While there are times when a divorcing couple can work together harmoniously, these are few and far between. Just think, if the couple could communicate, work together, and address major issues even under stress, they would likely not be seeking a divorce. Therefore, most divorcing couples need divorce lawyers.
Circumstances Where You May Need a Divorce Lawyer
Sometimes, hiring a divorce lawyer is the sensible thing to do. For example, if there was a history of abuse, lying, and manipulation in the marriage, there is no reason to think that this will not continue through divorce process. Hiring an attorney can give both parties the legal support needed to get a fair outcome from the divorce.
Hiring an attorney is vital if one party feels that the other spouse is lying about past behavior, financial issues, or other factors that could influence the outcome of the case. If a spouse is being vindictive and trying to manipulate things solely to hurt the other spouse, it is good for both parties to have an attorney.
At the outset, the spouses may have agreed that they would have an uncontested divorce and not involve attorneys. Then it comes to light that one spouse has retained an attorney. In this case, it behooves the other spouse to get an attorney to protect their rights.
Attorneys play an important role in helping a divorcing couple untangle complicated issues surrounding child custody and finances. If the couple is divorcing amicably and there are substantial financial assets on the line, using a lawyer would be beneficial.
Hiring an attorney is key when there is a history of domestic violence. If a spouse feels that their partner is going to be violent toward them or damage their property, they would want to consult a lawyer to have a temporary restraining order put in place to protect them, their children, and their property.
Some spouses move away with their children because they want to keep their children safe during the divorce process. However, because they don’t consult with an attorney first and get a temporary restraining order, the other spouse could accuse them of kidnapping.
The Benefit of Talking to an Attorney
After reading this, you may think your situation does not require a divorce attorney. Still, there is good reason for you to have a lawyer review your case. After looking at your case, a lawyer may agree with you and say there is no need to have the legal protection offered by a lawyer.
An attorney may look at your case and identify important factors that you were unaware of. These may lead you to conclude that having an attorney is in your best interests. With so much on the line, including your financial future, the future of property you and your spouse bought together, and the future of your children, you want to do things right. Compton divorce lawyers may help you get a clear picture of what the divorce process could mean for you.
Can a divorce be reopened if there wasn’t complete disclosure?
Divorce proceedings are legally complicated and emotionally challenging causes of action. If you are involved in a divorce case, you likely have a myriad of questions. Included on your list of questions may be can a divorce be reopened if there wasn’t complete disclosure? The stark reality is that issues associated with appropriate disclosure by the parties to divorce proceedings are important elements of these types of cases.
The Commencement of Divorce Proceedings
On some level, complete and accurate disclosure of information is no more important than at the commencement of a divorce case. When a party files a divorce case, and the opposing party files an answer or response once a case is initiated, some preliminary disclosures must be made to the court and the other party.
Included in the disclosures that are made at the commencement of divorce proceedings are those involving financial issues. Indeed, the financial disclosures at the commencement of divorce proceedings govern a great deal of what occurs during the case itself. In other words, honest financial disclosures are fundamental to divorce proceedings.
Each spouse is required to provide accurate financial disclosures on their oath. Therefore, if a party to a divorce proceeding provides false information on the initial financial disclosures made in a divorce case, or fails to provide complete information, he or she can be guilty of perjury. In addition, this type of false or incomplete information can lay the foundation for an effort on the part of the other party to have a divorce case reopened because of this inaccurate data.
Motion to Set Aside Judgment
Technically speaking, in the aftermath of a discovery of false or incomplete information in a divorce case, you or your legal counsel would file what technically is known as a motion to set aside the judgment of the court of the divorce decree entered in your case. In the motion, you would delineate the specific information that was inaccurately or incompletely conveyed in the divorce proceedings. The court would set the matter for a hearing before a judge to take evidence and hear testimony about the false or incomplete information.
Sanctions Against Party Providing False or Incomplete Information
In addition to the court reexamining the issue or issues impacted by false or incomplete information, in this type of situation, the court is highly likely to sanction the party that provided inaccurate or incomplete data. Sanctions are likely to include requiring the party who provided false information to pay your attorney fees. In addition, the court is apt to rule in your favor in regard to an issue impacted by false or incomplete information. This ruling is likely to occur because of a recognition of the true facts of the matter, but also as a means of sanctioning the party that acted improperly in the case in the first instance.
Retain Experience Legal Counsel
If you have discovered that the other party in your divorce case provided false or incomplete information to you and the court during the case, you should seek legal representation to assert your legal rights. An attorney will schedule an initial consultation with you, likely at no charge, to analyze your situation. Legal counsel will provide possible courses of action you can take to address the matter of the other party providing false or incomplete information.