A Divorce Lawyer Does Not Always Have To Mean Divorce

It may seem drastic, but consulting with an attorney regarding your domestic situation

may be the best decision you ever made, and in some instances, it may even result in resolving your marital differences. Not every visit to a divorce law office has to mean the end to your marriage or domestic relationship. Let's face it Marriage is not easy. It takes a lot of work and dedication and it must be given that love, dedication and effort by both parties. It certainly cannot be one-sided all the time. Unfortunately, there are some situations that get so bad that the relationship may seem irreparably damaged. At that point, it may be wise to seek the counsel of a divorce lawyer. But just because you make an appointment with a divorce lawyer does not mean you will definitely end up getting a divorce.

If you are having trouble in your marriage and you feel you may need to consider divorce but are not quite ready to take such a big step, a divorce lawyer can help you explore your options. A lawyer may be a good sounding board to hear what you are going through in your relationship and can advise you as to your options. Remember that a divorce lawyer sees and hears all types of domestic disputes all day every day. As such, you will be in the presence of someone who has seen relationships that are beyond repair and ones that have hope. This type of lawyer will also have access to a number of referrals to help you through your situation, especially family and marriage therapists who may be able to provide you and your spouse marriage counseling.

Chances are, however, that if you are serious enough to make an appointment with a divorce lawyer, then more drastic measures need to be taken. This does not mean that you have to file divorce papers. Your attorney can help you with an interim step that may or may not end up leading to a divorce at a later date. Your attorney can help you file for a legal separation. This is a situation where formal documents are drawn up and filed with the court which set up certain ground rules between a married couple related to finances, property and children, if there are any from the marriage. But it is not a divorce in that it is not a final dissolution of the marriage.

There are some benefits to filing for legal separation. If you do end up filing for divorce at a later date, then a lot of the paperwork, custody arrangements and financial aspects of divorce will have already been worked out. Very little will be left to deal with and coming to a settlement will be quite easy at that point. It also helps to give the couple a trial separation so they can get used to how it would feel were they to ultimately divorce. Many people will find that they do not want to live apart anymore and do their best to work out their differences. Of course, there is a cost to filing for legal separation, to wit, the fees of the divorce lawyer to draw up the paperwork and costs for filing. But for many this is a worthwhile step.

Another group of people who need the services of a divorce lawyer nowadays are homosexual partners who have applied for a formal domestic partnership. Because this is a legally recognized form of relationship that brings with it certain rights, the dissolution of this formal relationship requires legal assistance to divide up the property and finances of such couples. More importantly, when there are children that have been born out of a domestic partnership, a custody agreement must be drafted and filed with the court.

A divorce lawyer is essential when a marriage or domestic partnership has broken down so completely that a formal dissolution of the relationship is being strongly considered. A divorce lawyer can provide invaluable advice that may lead to a referral to marriage counseling, a perspective based upon experience in dealing with relationship woes on a daily basis, or a formal legal trial separation agreement. The worst-case scenario is that you end up retaining the attorney to file for divorce or dissolution of a domestic partnership and everyone ultimately goes their separate ways. But you can do so knowing that your lawyer kept your best interests first and foremost.

by: Sunil Punjabi

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