A Legal Perspective on Divorce

If you mention to a friend or family member that you are thinking about getting a divorce, the first advice they will probably give you is to find a good divorce attorney. Finding a divorce attorney to talk to is a good idea if you are trying to figure out if you should go through with a divorce or not. However, you should not take this step unless you have done everything you possibly can to make your marriage work.

If you do meet with a divorce attorney, keep in mind that he will look at your situation with a legal perspective, a perspective that is different than how a counselor would see the situation. A divorce attorney’s goal is to help you get what you deserve out of your divorce, not to help you fix your relationship.

You may want to make sure your interests are protected while working on the relationship, but a divorce lawyer is not going to help you figure out how to save the relationship. A divorce attorney will focus only on the laws of your state with regard to divorce to make sure you get a fair settlement.

The things a divorce attorney can help you with include:

1. Starting divorce proceedings

2. Temporarily stopping a divorce petition

3. Blocking a divorce petition from your spouse

4. Finalizing your separation

A divorce attorney will help you figure out what ending your marriage involves and negotiate for you during the process. The issues you will face include custody of your children, visitation rights, and dividing up the property.

Get Separated or Get Divorced?

A lot of marriages end when there is still hope for the relationship to survive and when there is still ways to reconcile. When people are upset and angry, the idea of getting a divorce may sound like an easy and smart decision. It is sometimes said that a marriage is usually over for about five years with regard to emotions before it ends legally. That may be a true saying but what people don’t realize is that you can use those five years to repair your marriage.

If you are seriously considering a divorce, maybe you should look into getting a legal separation. A divorce attorney can file a petition in court to separate your spouse and yourself legally. This is basically the same as a divorce because assets are divided and custody is determined. It can end up costing you just as much as it would to get divorced in some cases.

The reason a legal separation is a better choice if you are unsure whether or not a divorce is what you really want is that you and your spouse cannot get remarried while separated. A legal separation is not final like a divorce is but you can move to get a divorce when separated.

The Pain of Divorce

A lot of people don’t see the difference in how a marriage counselor and a divorce attorney work. If you are having troubles in your marriage, why not just go see a divorce attorney? A lot of people take this step without thinking it through and because they are afraid, not because they really want to be divorced. A divorce attorney can help you end your marriage but a marriage counselor can help you save it so don’t get the two confused.

You should always consider seeing a marriage counselor prior to getting a separation or a divorce. A divorce attorney will ask if you have met with a marriage counselor to work things out. The reason is that the information can help a divorce lawyer figure out the best way to work out the specifics of the divorce. Usually, a divorce attorney is going to want to work only with couples who have tried to work things out first.

People generally decide to get a divorce after a lot of anguish. You should always try to avoid a divorce when possible. The issues you and your spouse are dealing with may not actually be as bad as you think they are. When people spend years fighting and being angry, it is hard for them to see how their relationship could be fixed.

You can’t fix your marriage by visiting a divorce lawyer. All that a divorce lawyer can do is assist you with filing for divorce. You should first see a marriage counselor if you have any hope of saving your relationship and avoiding a divorce.



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