When Is the Right Time to Seek Legal Counsel for a Divorce?

the law and infidelity

The US Legal System

We can all agree that the end of a marriage is a challenging time for anyone. With that said, knowing when to seek counsel can vital to minimizing conflicts and unfair judgments. “Complexity” is the watchword for the US legal system. Divorce has numerous legal ramifications that require an attorney experienced in family law. Getting advice from a lawyer is particularly true if you have young children and/or assets, such as a house you own or investment accounts.

Typically, attorneys for each party are needed to negotiate a fair settlement for the divorcing partners, along with desired child custody and support agreements. In many cases, the parties attempt to settle on fair property divisions without legal counsel, but, become emotionally involved with the other party, as they were when they tied the marriage knot (only in an adversarial, unromantic way), to think clearly.

As many people say, “It’s too easy to get married, and too hard to get divorced. It should be the other way around.” As most non-lawyers would agree, there is a lot of truth to this statement.

The Right Time to Seek Legal Counsel for a Divorce

The “right” time to seek legal advice from a competent family law attorney may be a “moving target.”

One way to tell you should speak to a lawyer about divorce is when you seriously consider this option to have a better life.

Another way, when you seriously consider divorce, is to take ‘inventory’ of your assets, including bank and investment accounts for possible property settlements.

The advice you’ll receive is valuable. It might help ensure that you receive a more fair and equitable settlement should you go forward with the dissolution of the marriage.

Family law is complex. You should consult with an attorney experienced with the nuances of family law regulations of your state, such as the public formula (not every state has one) judges use for determining support levels for the primary breadwinner. If you have one or more younger (under-18) children, they deserve your financial and emotional support.

When You Should Consult a Lawyer About Divorce

There are multiple signs that suggest it’s time to consult a lawyer about divorce. While divorce is a momentous decision, once you’ve decided to follow this path, an attorney can provide the guidance you need to accomplish your goal successfully.

  • You have young children, because financial support issues are complex in Family Court.
  • You have valuable real estate assets, such as one or more houses and/or commercial real estate buildings
  • You own multiple motor vehicles, which must be distributed fairly to each spouse
  •  You and your spouse have difficulty agreeing on important decisions affecting your family.

Interview several lawyers to find the “right” legal counsel for you. This is a vital decision, since you need the protection a veteran family law attorney provides to help negotiate a fair settlement.

 

Author Bio: Tim Moynahan founded and heads the Moynahan Law Firm, a personal injury law firm in Waterbury, Connecticut, and is “of counsel” to the Jin Law Group at 200 Park Avenue in New York. He is a sought-after and successful trial lawyer, earning the Super Lawyer of New England and Connecticut awards from 2009 to 2012 and Best Criminal Defense Attorney accolade in 2013.