There are times when couples cannot work things out and a divorce is inevitable. Many reasons exist as to why individuals no longer stay married. When it comes time to filing a divorce, it can be very advantageous to hire a San Jose divorce lawyer.
When you choose a San Jose divorce lawyer, both of you will need your own. Even if you have worked things out amicably and you wish to simply have papers drafted, it is never quite that simple. A lawyer can only represent one party in order to be fair to the other party. This is to ensure that the papers are worded to favor one or the other – as well as to provide legal advice to one of the parties.
There are many roles that a divorce lawyer will play when it comes to filing a divorce. They will draft all of the legal paperwork that goes with a dissolution of marriage. They will also file the paperwork with the courts and proceed into the courtroom with you once you have reached the date that you will stand before the judge to legally announce that you wish to end the marriage and state your reasons. The judge will then grant the dissolution and you will be legally divorced.
Along the way, there may be some road bumps. What if you and your spouse have bank accounts together? Property? All of things will need to be divided up. If you can do things amicably, this is always the preferred method.
If you cannot, then it will need to go through mediation, which typically involves your lawyer and your spouse’s lawyer along with the two of you in a room going over each and every asset that is owned. This can be a long and drawn out process – and is usually the main thing that slows down the divorce process.
Additionally, if you and your spouse have children together, you will need a parenting plan. This will discuss custody as well as child support. One parent will be the primary custodian no matter what, even if the parenting is going to be split 50/50. One parent will also end up paying child support – and this is based upon who the child will be spending the most time with as well as who makes the most money.
When you hire a San Jose divorce lawyer, they will be walking you through all of the necessary steps. Most likely, you will meet with the lawyer on more than one occasion to talk through what you want the paperwork to say to ensure the wording is satisfactory. Once filed with the courts, it can be nearly impossible to change something.
Take the time to hire the right lawyer. Some lawyers are going to approach a divorce differently than others. Further, the fees charged to file a divorce are going to be different because every lawyer has placed a dollar amount on their time. When you want a great lawyer, be prepared to do your research.
Call Your Local San Jose Divorce Lawyer