No one goes into a marriage planning to get divorced. However, sometimes there are irreconcilable differences. Maybe one spouse has changed. Perhaps financial difficulties have put a little too much strain on the marriage. Whatever the reason, divorce lawyers in Scottsdale can help.
It’s nearly impossible to ignore the emotional fallout from a divorce. Whether you were the one initiating it or it’s your spouse, you need to know how to protect your rights. One of the major reasons why divorces become highly acrimonious events is child custody and the division of assets. You’ll want to make sure that your soon-to-be ex-partner does not violate your rights as far as such issues go. That’s why legal representation from an experienced divorce lawyer is crucial in such media posts situations.
Protecting Your Rights
When it seems that divorce is inevitable, contacting a divorce attorney can help protect your rights in several ways. These include:
1)Your Right to Family Property and Assets
You and your partner likely came into the marriage with separate property. Usually, each partner’s property acquired before the marriage remains theirs. However, family property is what usually causes contention in a divorce. A good example is the family home. Most couples decide to buy a home jointly after marriage. If the family home is registered in both partners’ names, it’s easy to “split” it in a divorce. This can include selling it and dividing the proceeds between both partners. However, many times the situation is not as straightforward. For example, one partner may have made the down payment for the house while the other has been making the required mortgage payments. Such situations can make it a bit more complicated. Similarly, eblogz if one party makes the mortgage payments while the house is registered in the other partner’s name, it becomes more challenging to determine how to divide the family home. Regardless of which partner you are, seeking legal representation from a divorce lawyer is essential to untangle such situations
The same issues can arise due to other forms of family property. In some jurisdictions, all property is considered family property, including those acquired by each spouse before the marriage. If a divorce or separation is imminent, your partner may try to sell some of their property without your knowledge. A divorce lawyer can help stop this by petitioning a court for an order to stop all such sales.
2)Interim Maintenance
If your partner has been the sole breadwinner during the marriage, you may find yourself in dire financial straits even before the divorce is finalized. That’s usually the case when one partner stays home to take care of the kids while the other works. With the help of an experienced divorce lawyer, you can get interim financial support until the divorce is finalized. It’s usually best to approach your partner and discuss this before taking any legal action. Reaching an agreement on such an issue right at the beginning of the divorce process sets the tone for a more harmonious divorce process without bad feelings. The idea is to ensure that you’re not left hanging while the courts deliberate on the issue of the division of assets. Of course, your partner may be unwilling to accommodate such an arrangement. That’s when your divorce lawyer can petition a judge for your right to such interim financial support.
3)Financial Information
Before the division of assets in a divorce, each partner has to declare all their income and financial investments. This also includes bank accounts and credit card balances. While you may know a great deal about your partner’s bank accounts and other such financial information, it’s crucial to make it official; this is the disclosure process.
This is because certain things, like your partner’s profligate spending habits can also affect you. For example, if you and your partner have a joint credit card and they choose to make a large purchase during the divorce process, you’ll be on the hook for 50% of that debt. That’s why it’s crucial to bring such information in the open right at the beginning of a divorce.
The disclosure process also ensures that your partner is not hiding assets from you. Your divorce lawyer may need to hire a forensic accountant or investigator to get a good picture of your partner’s financial position. In this way, they ensure that your right to a fair distribution of the family wealth isn’t violated.
4) Your Right to Safety
Sometimes, the reason for a divorce is because of an abusive partner. If this is the case, it’s safe to say that your partner will likely not have positive feelings about the divorce. You may feel threatened. Your divorce lawyer can help by petitioning the court for a restraining order against your partner. This will help ensure your safety throughout the divorce process.
