Your divorce lawyer plays a key role in helping you settle your divorce. Along with filing the necessary paperwork and representing you, it's your lawyer's responsibility to walk you through the process. You may not always like hearing what your lawyer tells you, but the advice you receive is intended to help you reach a divorce settlement quickly and with the fewest obstacles. Keep in mind that your lawyer is the professional you hired to advocate for your best interests.
In doing so, your lawyer may tell you:
There are no winners in a divorce. In fact, each side loses something, and both sides end up with less. Often what happens is that the parties involved are too busy attacking each other or defending themselves, it leaves little time for resolving their disputes favorably.
Litigation stands in the way of rational negotiation. Going to trial should be a last resort. It's better to work toward achieving an out-of-court settlement early on in the process instead of waiting until the last minute before you make an effort to negotiate seriously. Litigation can be avoided if both parties are willing to find a common ground and agree to a reasonable resolution.
However, if you move forward into divorce litigation, it drags the divorce process on for longer, delaying the opportunity to move on with your life. What happens is both parties usually come under attack. But what's in the past is past. It isn't going to help your case to rehash old wounds. Besides, the purpose of litigation isn't to place fault. The purpose is to resolve contested issues.
You won't get to vent or speak your peace. The judge isn't there to hear the reasons why your marriage failed. After the lawyer for each side presents the facts, the judge's duty is to discern the facts and apply the law.
Your emotions don't count. As difficult as it may be to hold them in check, emotions have no place in the courtroom. Sure, divorce is a painful process. But when you take your case before a judge, it doesn't matter what you think is fair. The outcome of the case is based on the law.
Although you need to acknowledge your emotions, settling a divorce case in court is about attaining legal closure. When you are in the courtroom, you need to show the judge that you are a credible and reasonable individual.
Y ou may only speak when answering a question you are asked. Let your attorney do the talking, unless the judge asks you a question directly.
While getting divorced can be an emotionally-charged situation, you shouldn't make comments to or about your spouse when you come before the judge. Focus your attention on the judge and the proceedings, not your opposition.
Your ex-spouse's misconduct will not factor into how much the court awards you in the divorce settlement. Although at-fault divorces based on marital misconduct still exist in some states, generally, fault doesn't affect a judge's decision when it comes to the equitable distribution of marital assets.
Talk to experts like http://www.madisonlf.com for more information.