Are you currently going through a divorce and have become frustrated? Are you planning on divorcing your partner but do not know how to go about it? Have you been given a divorce letter and you don’t have a clue what to do? Your burning questions will be answered in the paragraphs below.
What is Divorce Law and Who are Their Lawyers?
Divorce Law is the legal dissolution of a marriage by a court of law. It usually involves the presence of high-asset divorce lawyers who defend both parties on certain issues in a court of law. Some of the issues discussed in a divorce can range from child custody to the division of property. These high-asset San Francisco divorce attorney have to be incredibly knowledgeable on the matters of wealth transfer so that your interests are well protected. Also, they must possess strong interpersonal skills as divorce is a highly emotional process.
Forms of Divorce Law
There are various forms of divorce that aim at getting a favourable verdict in court. Some of these forms of divorce are mentioned below.
1. High Asset Divorce
This usually involves a wealthy couple whose wealth will need experts to handle. In these types of cases, one or both of the parties have an ownership interest in a business or high-value assets. This is why they hire high-asset divorce lawyers who can put together a complete financial picture of the marriage. Tax is a major issue in high-asset divorces. This is because there are opportunities and traps within. One can transfer tax-free assets during a divorce which won’t be normally possible after. If the parties aren’t fully aware of taxes and how they work in these divorces, they may end up paying more than is necessary.
2. Uncontested Divorce
This is the least stressful form of divorce for both parties. The reason for this is that both parties settle their differences upfront before coming to court. Things like child custody, alimony, and visitation are hashed out and written in a document called a settlement agreement. Once these issues are settled, the divorce is then filed in court. These cases are often fast-tracked so the divorce or legal separation occurs within a short time period.
3. Default Divorce
This occurs when one party files for divorce and the other party does not respond for reasons such as disappearance. In this case, if the divorce papers meet the court’s requirement, a divorce can be granted despite the absence of the other party involved. One reason why people use this type of divorce is that it is less expensive. There is no need to pay much to attorneys and no court costs for hearings and trials. Another advantage of this type of divorce is that you need not provide financial information in court.
4. Summary Divorce
This is also referred to as simplified divorce. It involves couples who have not been married for long, usually less than 5 years. Also, these couples generally do not have kids and do not have any joint debts like mortgages. Both parties agree to divorce together and their papers are filed jointly. They require less paperwork and can be done without the help of a lawyer.
Legal Strategies That Can Help in Divorces
We have now established the types of divorces that exist in the legal system. As a result, the paragraphs below discuss some strategies that could prove useful in divorce law.
1. First Mover Advantage
This refers to the advantage that a party gets over the other because he/she started the divorce. If you file for divorce, it means you are generally more prepared than your partner. This advantage could prove vital in court. Your partner will tend to react to whatever you do instead of being proactive. Also, it is believed that first-mover advantage is a major cause of early settlement.
2. Understand your State’s Divorce Laws
Divorce laws vary based on state. Understanding the state laws on divorce can provide a winning advantage to the knowledgeable party. Some of the differences usually pertain to residency laws, division of property, and grounds for divorce.
3. Hire a Competent Attorney
There are divorce lawyers for men and there are also divorce lawyers for women. These lawyers should have in-depth knowledge of divorce law and substantive track of record. This is necessary so as not to get unfavourable verdicts in court. Divorce lawyers can also help you negotiate with your spouse outside court for a quick and satisfactory settlement.
4. Do Not be The Nice Guy/Girl
This strategy is especially helpful for spouses who are depressed because their significant other filed for divorce. The first step is to understand that you are no longer going back to being a family. This is necessary to clear any form of delusion that might still exist. The next step is to hire a competent lawyer who can explain the situation to you. Being the nice guy/girl can have future implications on your finances as it can cloud your judgement.
5. Control the Money and the Documents
This is a very important strategy as whoever controls the money can control proceedings. You do not want your spouse to restrict your cash flow. Although lawyers can always help to get the cash flow back, it takes time. The whole point of a divorce is to get it over with quickly, any issues with money will only prolong the process. Having access to the documents is also very important, especially for spouses who are in the dark regarding marriage finances. This is where the documents can prove useful as they can tell a much better story than the spouse can.
6. Exposing Secrets
Partners generally have secrets hiding in their cupboards and they place varying values on each one. One of the strategies used by high-asset divorce lawyers is to compel the spouse to leak the secrets of their partner. Some of these secrets may include adultery or even corporate espionage. The threat of releasing these secrets usually compels the opposing party to a quick and fair settlement. An exposed secret can make the difference between a quick divorce and years of wasted resources on divorce litigation.
Conclusion
While divorces are never a pleasant experience, it is advisable to deal with it immediately, so it does not drag on longer than it should. Some of the best strategies for getting a favourable settlement in a divorce are to hire competent lawyers as well as understand state divorce laws. Competent divorce lawyers will suggest the best divorce strategies that will make the process easier.