Divorce Cases: Winning With a Good Attorney

People don’t need to stay in a bad marriage. Life is too short to be miserable, but many people stay with a spouse they no longer love for fear of the unknown. In addition, they worry about losing everything in the divorce and being forced to start over. 

With the right divorce attorney, this fear can be laid to rest. The attorney will work to ensure the client receives fair treatment during the divorce. Anyone in need of a good attorney should visit jerrykilgolaw.com to learn more about this firm. What should a person know when working with this attorney to make the divorce as painless as possible? 

Don’t Make Unfounded Claims

Courts get very frustrated when people come in and make unfounded claims. They need proof when making decisions regarding the future lives of those who come before them. 

When divorcing, gather financial records to support a claim that the spouse makes more than they are sharing with the court. If the spouse owns the property, bring property records. The more documentation a person has to support their claim, the easier it is for the court to rule in their favor.

A good divorce attorney will help the client determine what documentation is needed for each claim being made. They may also be able to help the client gather this documentation. 

Understand Wants and Needs

When a marriage goes sour, a person may want to get back at their spouse for things that happened in the marriage. On the other hand, they may just want to be done with the marriage and will do whatever is necessary to accomplish this goal. 

For example, a person might give up the house. They believe doing so will allow them to move past the marriage and start fresh. However, this could lead to financial difficulties and other issues.

Separate wants from needs and determine which things are most important once this process is finished. An attorney can be of help with this, as they look at the big picture. For instance, a person might want the house just to take it from their spouse. The attorney points out the drawbacks of retaining the house, such as property taxes and upkeep. They might find they cannot afford the home without the spouse and fighting for it isn’t in their best interests. 

This doesn’t take into account the psychological impact of keeping the home. Many people fight to keep their homes only to regret doing so because they can’t move on from the marriage. They remain stuck in the past. The attorney helps them see this, so they don’t fight for something that will do them more harm than good. 

Make Necessary Changes

Every person has strengths and weaknesses. When these strengths and weaknesses affect the divorce, changes may need to be made. For example, a person with a history of alcohol abuse might need to begin attending Alcoholics Anonymous or enter a treatment program if they wish to share custody of the children with the other person. 

A person who quit school so their spouse could pursue higher education might find they cannot afford to live on their own. By enrolling in a degree program, this individual can then petition the court to have the spouse pay alimony until they receive a degree. The court might even make the former spouse pay alimony until the individual has achieved the same level of education as the former spouse. 

There is no guarantee this will happen, but the person recognizes they have a weakness in terms of their ability to make money. They are working to overcome it and the court recognizes the effort, in many cases. They are more willing to help someone who is trying to help themselves rather than someone who is just looking to get back at a former spouse. 

Prepare to Compromise

A person will not get everything they want in a divorce. Both parties need to recognize this when they walk in the door. When both parties are willing to compromise, the case may be resolved with the help of mediation. 

Many people find they prefer this, as they have more control over their future. If the case goes to court, not only will they end up paying more, but they must abide by what the court decides. The judge has limited facts in front of them and may not make the best decisions for both parties as a result. 

People often assume they are giving in to the former spouse or losing if they compromise. That’s not the case. A person must pick their battles and only fight over what is most important to them. One way to know what to fight for is to consider the long-term consequences of a decision. 

For example, a person may decide to fight over the dining room suite. If this suite was recently purchased, let it go. The long-term ramifications of fighting over this possession will probably be detrimental, and the person will end up hating the furnishings and choose to get rid of them. 

On the other hand, if this dining room set is a family heirloom that has been passed down through the generations, it is probably worth fighting over. Losing the set to a former spouse could have an emotional impact that lingers for years and makes it harder to move past the divorce. 

An attorney can help the client know which items are worth fighting over and where compromise will be of benefit. The person involved in the divorce can’t always step back and see things objectively. The attorney must do this for them to make the divorce easier for all involved. 

There are never guarantees during a divorce. A person might believe they have a rock-solid case against the spouse, only to learn the court doesn’t agree. By working with an experienced divorce attorney, a person finds they can achieve the most favorable outcome possible.

Choose a divorce attorney that is willing to fight for their clients. The goal is to get the best outcome possible under the circumstances, and that is what the right attorney will work for with each case. 

Similar Posts