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Should you have an attorney for a divorce?

Whether you are thinking about a divorce or your spouse has already filed for a divorce, it is a good idea to get an attorney. This is something that you should get for protection. Attorneys can answer the numerous questions that you will have. You need to be made aware of all the different outcomes and do what you need to in order to protect your future.

You must also realize that there is always the option of representing yourself in a divorce proceeding. However, this is not really recommended because if you have big questions involved like children or assets, it is best to have the assistance of an attorney. Remember that your attorney can only represent one of the parities involved. If you can't afford a proper attorney, the judge may seek assistance for you from your spouse.

One main reason to get an attorney for a divorce proceeding is because there is often spousal support involved; this is called alimony. Depending on how long you were married, the age and health of the parties involved, and the ability for one of the parties to earn income and maintain the marital standard of living, the court can order support to be paid by one spouse to another. This is not child support, but an entirely different issue.

Spousal support can be issued for a specific time period or for an indefinite period depending on the circumstances. Alimony can be reviewed if there is a significant change in the lifestyles of either the former spouse. If the spousal support requirement is waived, then the party giving up the support may not ever come back to ask the court to award it again.

Another reason you may also want to have an attorney is to protect pensions and retirement accounts. Pensions and retirement are marital property and can be divided in a divorce. They can be given a present value based on the kind of pension and the parties' rights to receive an income from that pension. Usually the court system is fair in this decision, but having an attorney will ensure that your rights are fought for that your side of the fight is heard.

In the event that you are unhappy with the service you are receiving from your attorney, it is imperative that you talk to them about it. Explain your case and make them understand why you are unhappy with their work. If you cannot work out the situation with your attorney, you have the right to find another attorney at any point in the game.


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