Many people think of divorce as an expensive and long process which ends up in court. Although this is at times the case, most divorce cases settle with a divorce settlement agreement, where the two parties never set foot in a courtroom. As long as the two parties have reached an understanding in regards to all the aspects of their case, the divorce can be amicably settled out of court.
In most cases, the spouses want to draft their own divorce settlement agreements. You`re not required to hire a divorce attorney. Nevertheless, if you don`t word it correctly, the other party might come back later with claims against the property you own. That`s why it`s important to involve a divorce attorney in the divorce settlement. Below are some of the ways in which divorce attorneys help settle divorce cases.
- Accounting for marital assets
To distribute the marital estate properly, a divorce attorney makes sure that his or her client discloses all such assets. In most marriages, one spouse might have handled the cash and the other spouse might not be fully aware of the couple’s assets and debts. A chicago illinois attorney can help locate liabilities and assets and collect records so that the divorce settlement properly addresses the possessions owned by the couple.
- Explaining property division
A divorce attorney can explain how the property is treated after the marriage dissolution. Each spouse might have separate properties which they brought into the marriage. In other cases spouses might have separately accumulated assets per a postnuptial or prenuptial agreement.
A divorce attorney can explain whether the state is an equitable distribution state or a community property state. This characteristic can make a great difference in how the marital estate is distributed.
Additionally settlement agreements should be complete; or the court won’t accept it unless the parties agree on each detail. This is one of the main reasons why the settlement agreement and any other documents used in the settlement should be reviewed or drafted by a competent divorce lawyer.
- Devising a debt repayment plan
In most divorce cases, handling the family debt is usually more tumultuous than dividing the assets. Both partners might be legally responsible for a joint debt. Nevertheless, there`re many cases where only one spouse is held responsible for the debt. A divorce attorney can help determine how a spouse can protect herself or himself from debt which is supposed to be attributed to the other spouse.
- Determining spousal support and other benefits
A divorce attorney can help in assessing whether a spouse might be required to pay spousal support or is entitled to it. Spousal support might be ordered when the spouses have very different incomes or when one spouse sacrificed her or his career to advance the career of the other spouse.
In addition to that, a spouse might be entitled to a part of the business interest which the other spouse runs. Some partners are only concerned about the immediate financial consequences of the divorce. Nevertheless, spouses might be entitled to a part of their spouse’s social security income or pension if they`ve been married for 10 years or more.
- Promoting communication and cooperation
To reach a settlement, the attorneys initiate four way meetings between themselves and their clients. The meetings promote improved cooperation and communication and nourish an environment which fosters reasoning and analysis. This helps in generating options and creating a positive context for the settlement generate options while giving both the parties control over the outcome. Their commitment to continued cooperation –even if communication between the parties becomes difficult –also increases the chances of a solution where everyone wins.
- Protecting privacy and dignity
Divorce attorneys protect the dignity and privacy of all the people involved in the divorce process. They uphold standards of integrity and, if any miscalculations and inconsistencies occur, seek to correct them.
Divorce attorneys expend as much effort working towards the settlement of your divorce as they would to prepare for and conduct a trial. As required, they provide an open, complete and honest disclosure of all the relevant information with the required documentation and oaths.