RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Why Not Every Divorce Attorney is the Same

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Family in need of attorney

The Gainesville Divorce Attorneys of the Law Office of Alba & Yochim P.A. discuss why not every divorce attorney is the same, and the importance of ensuring that dissolution proceedings are handled correctly the first time. Any person who has ever been involved in a divorce will tell you this — it is a lot easier to get married than it is to get a divorce. Even in cases where both parties agree that divorce is appropriate, this may be the only thing that the parties can agree on. When disputes arise over matters involving children, or the division of property, the process of dissolution can become highly complex. While generally both parties share the same desire to resolve issues as quickly as possible, so that each may get on with their lives, a hurried approach is never recommended.

Not only can a divorce be stressful and time consuming, it can also be very costly. If matters are not handled correctly prior to entering into a settlement agreement, or the court’s final judgment of dissolution, the parties may find themselves in a position which may require them to revisit previously mishandled matters. The Divorce Attorneys of The Law Office of Alba & Yochim P.A. stress the importance of properly addressing any and all issues and disputes existing at the time of dissolution.

Ensuring the full resolution of disputes can be achieved by remembering two important principles. First, both parties should be represented by legal counsel, or in the very least consult with an attorney prior to entering into any agreement, or otherwise making any definitive decision which may affect the party’s legal rights. Second, carefully selecting a divorce lawyer is crucial, and a party should never assume that every attorney is adequately equipped to provide effective representation on every legal matter. Knowledge of specific legal issues, prior experience, as well as the overall ability to effectively advocate on a client’s behalf, are vital considerations to attorney selection.

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The benefit of seeking legal representation, and with a reputable professional, can be easily demonstrated by considering some common scenarios involving the failure of one or both parties to take adequate measures to protect their legal interests. The first scenario involves the dissolution of a marriage where neither party is represented by legal counsel. In such cases, the parties may attempt to resolve matters on their own through the use of settlement agreements, and standardized pro se documents. Often, a self-represented approach can result in an outcome which fails to either address an issue altogether, or do so in an appropriate manner.

Another scenario demonstrating the benefit and need of an attorney during the process of dissolution, is the case where legal representation has been secured by only one spouse. When this occurs, the unrepresented spouse may voluntarily agree to resolve matters in a certain manner, without actually knowing or understanding the legal ramifications of their actions. Legal documents, like contractual agreements can often contain lengthy, elaborate, convoluted provisions that can be easily misinterpreted by an individual who is unfamiliar with complex legal wording and terminology. As such, each party to a divorce should obtain separate legal representation.

Consider another scenario, in which one or both parties have secured legal counsel, but failed to assess the attorney’s capability to effectively meet the particular needs of a party. For example, distribution issues, such as those involving federal pensions, are best handled by an attorney with specialized knowledge gained through prior experience on specific legal matters. An inexperienced attorney may lack the knowledge necessary to ensure the enforceability of any contractual or judgment-related provision involving the offset or division of federal pensions.

Provided with the foregoing, it is not difficult see the manner in which a divorce attorney can serve to protect your legal interests. However, as previously stated, selecting a suitable lawyer requires a careful and informed decision-making process. By knowing your legal rights and taking measures to protect them, you can best maximize financial resources, while also avoiding the need to revisit issues in the future. To view a related topic, see ‘Marital versus Non-marital Assets in Divorce.’