Dissolving a failed marriage can be a painful affair. This is especially the case if one or both of the partners are bitter or angry. Negative emotions often interfere with the process because it is actually necessary to make a host of very important decisions and to reach vital agreements. This requires a sober and objective frame of mind. A divorce attorney in Herkimer NY can help couples to make such decisions in a fair and legal manner.
Many couples are convinced that they are protected due to the fact that they have entered into a prenuptial agreement. These agreements are indeed designed to protect the interests of both parties but if one or both the partners have breached the terms and conditions of the agreement it may be declared invalid. When hiring a lawyer this agreement should be presented immediately.
In most cases couples splitting up each hire their own lawyer. The role of the lawyer is to represent his client and to look after his or her interests. However, most reputable lawyers will try their best to reach a fair and amicable agreement. They are not involved in the emotional issues that caused the breakup. Their role is simply to make sure that the rights of their clients are protected and that fairness prevails.
In many cases one of the biggest causes of conflict is differences regarding custody. If both parents claim custody rights it may be necessary to involve a social worker or even a psychologist for recommendations. The interests of the children are seen as the paramount priority and they are often allowed to provide input themselves. It is vital that a satisfactory agreement on issues such as ongoing financial support is made.
Money can also make matters very difficult during negotiations. This is especially the case if the joint estate of the couple is complex. Numerous financial decisions need to be made. In some cases it will be necessary to liquidate assets and investments. Agreement on how to deal with debt and taxes, for example, also need to be reached. In many it is also necessary to agree on ongoing alimony and child support.
Divorce is not only an emotional issue but the financial repercussions can also be far reaching. It is vital to appoint an experienced lawyer. Care should also be taken to provide the chosen lawyer with full details regarding prenuptial agreements, the financial affairs of the couple and any other documentation that can have a bearing upon the case. Hiding information from the lawyer can turn out to be a very costly mistake.
Nobody should ever represent themselves in court. The legal system is extremely complex. There are alternatives to lawyers, though. If the separation is reasonably amicable it may be better to consider the services of a specially trained and licensed mediator. In such cases the mediator facilitates an agreement between the two partners during private consultation sessions. The agreement is then made an order of the court.
When marriages fail the parties concerned often indulge in harmful and negative behavior. This serves no purpose, however. It is best to approach the matter in an adult, level headed manner. This is especially important when there are children involved. Acrimonious separations can have a profound negative effect upon children. Responsible parents will assure their children that they are still treasured and that their interests will always be the top priority with both parents.
Many couples are convinced that they are protected due to the fact that they have entered into a prenuptial agreement. These agreements are indeed designed to protect the interests of both parties but if one or both the partners have breached the terms and conditions of the agreement it may be declared invalid. When hiring a lawyer this agreement should be presented immediately.
In most cases couples splitting up each hire their own lawyer. The role of the lawyer is to represent his client and to look after his or her interests. However, most reputable lawyers will try their best to reach a fair and amicable agreement. They are not involved in the emotional issues that caused the breakup. Their role is simply to make sure that the rights of their clients are protected and that fairness prevails.
In many cases one of the biggest causes of conflict is differences regarding custody. If both parents claim custody rights it may be necessary to involve a social worker or even a psychologist for recommendations. The interests of the children are seen as the paramount priority and they are often allowed to provide input themselves. It is vital that a satisfactory agreement on issues such as ongoing financial support is made.
Money can also make matters very difficult during negotiations. This is especially the case if the joint estate of the couple is complex. Numerous financial decisions need to be made. In some cases it will be necessary to liquidate assets and investments. Agreement on how to deal with debt and taxes, for example, also need to be reached. In many it is also necessary to agree on ongoing alimony and child support.
Divorce is not only an emotional issue but the financial repercussions can also be far reaching. It is vital to appoint an experienced lawyer. Care should also be taken to provide the chosen lawyer with full details regarding prenuptial agreements, the financial affairs of the couple and any other documentation that can have a bearing upon the case. Hiding information from the lawyer can turn out to be a very costly mistake.
Nobody should ever represent themselves in court. The legal system is extremely complex. There are alternatives to lawyers, though. If the separation is reasonably amicable it may be better to consider the services of a specially trained and licensed mediator. In such cases the mediator facilitates an agreement between the two partners during private consultation sessions. The agreement is then made an order of the court.
When marriages fail the parties concerned often indulge in harmful and negative behavior. This serves no purpose, however. It is best to approach the matter in an adult, level headed manner. This is especially important when there are children involved. Acrimonious separations can have a profound negative effect upon children. Responsible parents will assure their children that they are still treasured and that their interests will always be the top priority with both parents.
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