Whether or not you need to hire a family lawyer is entirely up to you. When you get to the point where you do not understand the laws, or if you think your rights are being violated, you need an attorney. Simple divorces where both parties agree on everything might not need a family law attorney, unless the parties want a lawyer to draft a settlement agreement. However, contested divorces, especially when there are assets, businesses, or child custody at stake, can get pretty tangled – and it is best to have someone on your side who understands the laws and can ensure your rights are not violated.
3 Good Reasons to Hire a Family Lawyer
A family law attorney can assist with the following types of cases:
Complex Cases
Even a divorce case with few assets can become complex if the spouses cannot agree on everything. If it looks as though your spouse will not agree to the division of assets, such as vehicles and bank accounts, then you should always retain a family attorney.
Even if you believe you can agree on almost everything. Still, suppose you have a lot of assets, including one or more homes, retirement accounts, and multiple bank accounts. In that case, you should retain a divorce attorney to ensure your rights are not violated. And, you should retain an attorney for divorce if one or both spouses own businesses.
Spousal Support
California has specific laws about spousal support, including when a spouse is entitled to spousal support. If you believe your spouse will ask for support – or if you feel you need spousal support, you should retain a California family law attorney. While California does not have specific rules for ordering a spouse to pay support, it does have “guidelines” to follow, including the length of the marriage, the ability to pay, the need for one or both spouses, and more.
Child Custody Cases
Sometimes parents will agree on a custody and visitation schedule. You might not believe you need an attorney. However, a spouse could change their mind down the road. Even though you agree on custody and visitation, you should retain an attorney to draft a settlement agreement regarding custody, visitation, child support, and other matters relating to the care of your children.
An attorney for divorce can work with you and your spouse – or their attorney – to create a parenting schedule to ensure both spouses have adequate time with the children, including holidays.
How a California Family Lawyer Can Help
Complex divorce cases often require motion hearings before you get to the final hearing. Many people who are not attorneys are unaware of motions that are available to them. When you run into a problem, a California divorce lawyer can help iron out the issues through informal or formal mediation or filing motions with the court to allow the court to make a decision.
If you are unsure of the divorce process, need an attorney to draft a settlement agreement that legally binds both spouses, or believes your divorce will be contentious, contact Mohajer Law Firm, APC, for consultation.