Divorce is an emotional event. Some are lucky enough to go through it without falling to fighting, but man end up in a sort of divorce hell. When you marry someone without a prenuptial agreement, you are basically entering into a contract saying both of you are now one entity when it comes to ownership. At the divorce, this means that hostile ex-partners can now vie for property through the divorce court. A hostile divorce usually forces both parties to hire Denver divorce lawyers. Hiring a divorce lawyer gives you a good shot at getting more property, but it also costs more and complicates the whole thing, especially when you start battling over child custody.
So the real secret to divorce happiness is to make the decisions mutually. Of course this is not possible in all situations, but if you can work the break up between yourselves you will be able to avoid hiring a lawyer and keep the decision making process out of the courts. A mediator might be a good option if you think a neutral third party would be better than aggressive lawyers. This will keep the children out of a messy Denver family law court battle. In most common Denver Divorces, the two sides can work a good portion out my themselves. In Colorado, once you have worked out how the children and money go, you do not even have to go to court once you submit the divorce to make it official.
When it comes to the point where you have to hire a divorce lawyer, who you choose to represent you is critical in how the divorce will proceed from there. Attorneys are in business to make money, and while some good ones will counsel you on what choices you need to make to keep your family and yourself happy, it is always in their best interest to make the most money possible. In our adversarial system, the lawyer's job is to protect their clients interests as well as possible. If you want as peaceful a divorce as possible tell your lawyer. If your partner hires an aggressive lawyer, you may have to fight back. Lawyers will not mind using children as bargaining chips to get the most out of their adversary. Eventually most people run out of money for legal fees and settle anyways so I advise against that whenever possible.
In some cases where you agree on the general principles, both parties can use one lawyer. In our system a lawyer cannot fully represent two people at odds so it is important that the parties can compromise. I had one client that used a Denver motorcycle lawyer for their divorce just to do the paperwork. Try to keep it civil, because if a major disagreement arises, the lawyer will have to give one or both clients to another attorney.
There is another type of divorce lawyer called a collaborative attorney, who will work with another attorney in his profession to share information and work towards a settlement. These lawyers sign a contract saying that they cannot represent either party in court. This allows the clients to have a clear mind knowing their lawyers do not have a monetary incentive to go to court.
There are some cases when you need to hire the traditional adversarial aggressive divorce attorney. If there is any type of abuse or vindictive behavior. If you do not have the money, some law offices do pro bono work, and at the very least they can point you in the right direction on where to find free answers. The best protection if your spouse hires a lawyer is for you to do the same.
No comments:
Post a Comment