At its core, marriage is a consensual contract between two parties who possess the ability to marry each other. Being a contract, consent is an essential aspect of the union. The same consent moves the person to fulfill all the marital obligations incumbent upon him. The said consent also presupposes that the person voluntarily agrees. If both parties are satisfied with the performance of the duty of each other, the marriage usually goes on and prospers. However, if either or both parties find a compelling and legal ground to annul or render the marriage ‘void ab initio,’ the most common route is the filing of the divorce petition.
If you are planning to file for divorce, or if your spouse already filed the petition, know that you can settle the case as amicable and less stressful as possible with the help of divorce attorneys. The divorce process is a messy affair, with both spouses inclined to bring their differences and misunderstandings out in the open. However, the case can be moderated and tackled in a levelheaded manner with a divorce lawyer’s help.
Check out these top five things they can assist you with
Give insights and explain the common grounds for divorce
The grounds for divorce vary from country to country and state to state. When you’re in El Dorado County, these grounds include the permanent disability of either spouse to make decisions and irreconcilable differences. Your El Dorado County Divorce Lawyer can explain these individual grounds and what specific instances in your marriage can you use to satisfy any of these requirements.
Since the no-fault divorce grounds are not honored in El Dorado and the rest of California, your lawyer can explain how fault-based acts like incarceration, abuse, cruel treatment, and adultery could still be used as grounds for your divorce petition. Your divorce lawyer will also explain if the grounds you assert will be relevant in resolving the issue of whether spousal support will be available for you.
Furthermore, your divorce lawyer could also review if there are defects in the essential and formal requisites of marriage that could be used as grounds for divorce. In some cases, unions have been dissolved because some legal requirements have been ignored, and the one who administered the marriage has no authority to do so. Aside from this, your lawyer could also advise you if it’s more appropriate to annul the marriage than get a divorce.
Formulating and giving expert advice
More often than not, divorce is a painful and emotional process for couples. Your divorce attorney can help lessen the emotional burden by taking care of and tackling the unpleasant aspects on your behalf. He can calmly and matter-of-factly talk to you about certain aspects of the divorce that could affect the future, like custody and support issues. With such diversions, you can focus less on the end of your marriage and pay more attention to the practical aspects. Your divorce lawyer could also act as the mediator between you and your estranged spouse, should you prefer no personal contact.
Help account for the marital assets
Since you’re dissolving the marriage, all the estates of the union should also be adequately distributed. Your divorce lawyer can take care of this aspect while ensuring that you get a fair and equitable share of the conjugal properties. In numerous marriages, it’s usually just the husband or wife that takes care of the finances, leaving the other spouse unaware of their assets, mortgages, loans, and other debts. When you file for divorce, your lawyer can collate all the records, make an inventory of the assets, and identify all the liabilities. Through this, your possessions can be addressed properly during the divorce settlement.
Clarify issues on property division
Your divorce attorney can also explain to you and your estranged spouse how your properties are treated once your marriage has been dissolved. Every spouse may have bought properties into the marriage, and it’s not clear whether these properties should be treated as personal or conjugal. Other spouses accumulated assets individually according to the pre or postnuptial agreement. Your lawyer can lay down the facts about whether your properties should adhere to equitable distribution or community property state. With someone knowledgeable explaining these technicalities to you, it’s easy to clarify and uphold your rights.
Creating a debt repayment scheme
This kind of help is beneficial when your community property needs to pay for family debts. You and your spouse might be legally liable to pay joint debts. However, there are countless cases wherein only one of the spouses is held responsible for paying for a particular debt. Your divorce lawyer can help you ascertain who this spouse is and make sure that he doesn’t renege on his obligation.
This list of help you get from divorce attorneys is not all-inclusive. Your lawyer can do so much more for you, to the point that all you have to do is feed them information and wait for the verdict to arrive.