Lynwood divorce lawyers
Nobody ever plans on getting a divorce when they go into a marriage, but the reality is that divorce does happen to some couples. This can be a very emotional and confusing time for those who are experiencing the divorce. Hiring on an experienced lawyer from a dedicated law firm can help you to navigate this time in your life. This helpful guide will outline the benefits of hiring a divorce lawyer.
They Can be The Voice of Reason
Whether you are just entering the beginning stages of your divorce or are in the thick of it, no aspect of a divorce is enjoyable. Many individuals can experience a wide range of different emotions from anger, guilt, and even grief. While this can be a very delicate time for you, there are also very important decisions that you will need to be making during this time. You will also need to be able to handle and conduct yourself appropriately. This can be challenging to do, as there will be many emotions at play. A lawyer can help to keep you grounded during this time and provide you with realistic expectations. They can also legally speak on your behalf, which can help you from damaging your case. Oftentimes, emotions can become heightened when someone is unsure of the processes. However, having a lawyer can help to keep you informed.
They Can Manage Important Documents and Deadlines
When going through a divorce, one of the last things you may be thinking about is paperwork. However, important documents and deadlines will be essential to your divorce case. If you do not fill out these documents properly or fail to meet a deadline, it could lead to fines or penalties. This can become frustrating for an individual, as well as the other party. When you hire a lawyer, they will help you to make sure that each document gets filled out properly and you are able to meet your deadlines. If you are confused about terminology on paperwork, they will be able to assist you.
They Can Address All Questions and Concerns
When you have a question regarding an aspect of your case, you will want to have it answered as soon as possible. Each case is unique and is treated as such, so this means you may have unique questions and concerns or be experiencing an uncommon situation. Whichever the case, your lawyer will be able to jot down your concerns or questions and get them answered as soon as they can. They will be there to help you and guide you through the process.
They are Knowledgeable of Terminology
The legal process can be confusing in and of itself, but the terminology that goes along with court cases can be just as hard to understand. Not properly understanding terminology or jargon that is being thrown around can not only lead to confusion, but also miscommunication. A miscommunication could lead to additional court cases being needed, extended hearings, and improper paperwork filing. The average person can not be expected to be familiar with every aspect of the legal process, including terminology. However, a dedicated lawyer will know the terminology and jargon that is being used. They will be able to keep you updated on what is being said or what has been written, which will help to avoid any miscommunications.
They Will Inform You of Your Rights
The average person may not be familiar with what their rights are when a party has filed for divorce. These legal happenings are not only confusing, but can also be overwhelming. You may not be sure what your legal next steps are. Hiring a dedicated lawyer can help you understand what your rights are regarding your case and help you get started on the next steps, helping you to not jeopardize your case.
Legal cases can be confusing and overwhelming, especially when an individual is going through a divorce. However, hiring a lawyer can help to take some of that burden off of their shoulders. Lawyers can provide you with a sound voice of reason during this time, as well as a professional who is well-versed in court proceedings. You can trust that you will have someone on your side.
Divorce or separation is marked by a court of law. It is a legally binding right for either party to request. When one party requests a divorce, the other party may not deny or refuse it. People often disagree on money considerations, a division of assets, and other such mentionable ideas. This creates a stalling phase, which is still protected by the courts under most circumstances. If there is a request for a divorce, it must proceed. The proceedings may differ from case to case and below we’ll detail the different paths set out for a disagreement with divorce.
The Two Divorce Types: Fault and No-Fault
A fault divorce carries some aspects that are listed as the primary cause of the separation. Abuse victims, child neglect, and other such extremes can be listed under this separation process. These divorces carry some sort of problems and indifferent situations. These situations or instances must carry evidence to convince the court system. If there are reasonable grounds for your case, the divorce will fall under the fault setting.
The no-fault distinction carries less complications and often requires less information to process. These divorces hold grounds of irreconcilable differences or general disagreement. The feeling is mutual, meaning both parties feel the same about the situation. The only requirement generally faced by these individuals is separate living before a divorce. This allows for the divorce to process in a fluid manner and can cause for it to avoid the court system almost completely for separation to occur.
Hurry Up and Wait
One implication often enforced upon a potential divorce situation is a waiting period. If the refusal is the path you wish to travel, the waiting period can be extended for nearly 2 years, in some cases. The individuals seeking a no-fault divorce will usually be given a time frame that spans up to 6 months. This period is designed to help couples come to full conclusions. Conclusions based on whether the marriage is deemed reconcilable or irreconcilable. This period allows couples to work through their differences or create future plans, especially if there are children that will be affected by the change. The waiting period does not benefit those looking to halt or stall the divorce process, furthering the complications caused from such mindsets.
Stalling and Buying Time
Stalling is another tactic individuals will use if they do not wish to proceed with a divorce. They will go back on their agreements, miss certain court dates or therapist meetings, and pull other strings to stretch out the process. When one party falls into these tactics, the opposing party has rights to proceed with the court. The affected individual can petition the court for a cause of contempt, meaning one party has repeatedly tried to reverse ideals or change their stance. The court can grant a default divorce on these grounds if the evidence is there to support it. This is another process that takes a long period to process, causing a headache for both parties.
Reverting to Covenant Marriage
A covenant marriage is grounds for additional processing in order to obtain a divorce. It is an agreement most couples enter when they apply for a marriage certificate and read their rights at the altar. It prevents couples from obtaining a divorce without due processing from counseling and other such therapy means. This type of marriage is set to limit the amount of divorces among couples. If you were married in the correct fashion, you more than likely reverted for this marriage option. Obtaining the right to bypass this setting is often difficult and most states will not permit it. Since it is a legally binding contract between parties, it can be very difficult to remove this distinction to fast track a divorce. This is another tactic people will back track on in order to prevent a divorce. The legal nature of this marriage type means these meetings and appointments are required for both parties. Absence from these meetings and appointments could incriminate the non-participating party. If a court is to grant a bypass of this marriage type, it often takes years to process, which is more timely than attendance to the therapy and counseling period. By legal standards, you cannot refuse to go through with a divorce. There are too many stipulations and potential threats that are created through this form of thinking. If you do refuse a divorce, expect an extremely long process to ensue. Refusal carries long stretches of time and it only adds to the implications.
Nothing is more difficult than making the decision to end your marriage. Most people go into their marriage with the feeling this marriage will last forever. You rarely find people who expect to see their marriage fall apart to the point one or both spouses are unwilling to continue to work through their issues and save their marriage. However, it happens all the time. Some couples just know things will not work out and make the decision to end their marriage when this occurs. Others aren’t so fortunate. They find out from a spouse that their marriage is no longer working.
Sometimes the other spouse is not in agreement and wants to work on their marriage. If you are faced with the shocking news your spouse is looking for a divorce and you don’t want one, you might just wonder if you can refuse to go through with the divorce. The answer is not black or white. You can refuse to divorce your husband or wife, but that doesn’t mean you won’t end up divorced.
When You Don’t Want to Divorce
If you’re served with divorce papers and you refuse to sign them on the grounds you refuse to get a divorce, there is a legal term used to classify what you’re doing. it’s called contesting the divorce. When you contest the divorce, it does nothing but prolongs the process and make it much worse for all involved. You simply cannot force someone to stay married to you if it’s not what they want. Once you contest a divorce by refusing to sign the papers, your divorce is headed to court.
You’ll see a judge and you’ll talk about your reasons to contest. You can tell the judge you simply don’t want to get a divorce, but that might not mean very much with the other spouse is willing to end your marriage. You can ask the court to talk about why you refuse to divorce your spouse and why you want to stay married, but the court cannot do anything if your spouse no longer wants to be married to you even if you do.
You can ask the court to require you go to mediation or therapy and work things out, but they cannot force someone to do that if that person is not in agreement. The court can ask your spouse if he or she is willing to work on the marriage, but the disagreement of the other party is all it takes for the court to determine the divorce will proceed or if it will be prolonged further.
The next thing to occur during this hearing is the decision to divide assets and child support and custody. It might not be agreed upon during this hearing, and it might mean you do go to mediation and work things out if you can. All this means is your divorce won’t be finalized for a while longer, but even the court will eventually grant the divorce if you continuously forgo signing the paperwork or even working on an agreement for your assets and kids. You will end up divorced, but you do have the option to refuse it by not signing the papers for your divorce.