Do I Need a Divorce Lawyer?

    JERSEY CITY, NJ, December 31, 2011 /24-7PressRelease/ -- Going through a divorce is undoubtedly one of the most traumatic and difficult experiences in your life. It is never easy to watch a marriage dissolve, and in many cases there are intense emotions involved which can complicate the process. This is never a good time to make important decisions on your own that may impact your life for years to come.

While you do not need a lawyer to represent you in your divorce, it is best to have an advocate on your side who knows the law and is looking out for your best interests. There are many complicated issues to be resolved during a divorce, including:

- Division of marital property
- Child custody
- Child support
- Spousal support

Many states have enacted laws which govern how these issues get resolved during a divorce. You will need a lawyer on your side who knows these laws in order to ensure that your divorce agreement is fair, equitable, and enforceable.

When to Choose Divorce Mediation

While it is always a good idea to have an experienced family law attorney handle your divorce, the process does not have to be acrimonious and adversarial. If you and your spouse are on good terms and can agree about many of the issues at stake, you may be best off using a neutral third party mediator to handle your divorce.

Mediation offers you several benefits. It cuts down on much of the time, expense, and acrimony associated with a traditional divorce. It also helps you and your spouse maintain control of the entire process. When you work with a mediator, you and your spouse will have final say on the terms of the divorce agreement. But when your divorce is litigated in court, a judge who doesn't know you and your spouse may be forced to rule on the issues. This judge will rarely be able to facilitate an agreement that reflects the bests interests of all parties as well as you and your spouse can during mediation.

Divorce mediators also know the laws which apply to divorce proceedings in your state. As a result, the mediator can help walk you through the complexities of the many issues involved.

When Mediation Won't Work

In some situations, there is just too much bad blood between spouses for a divorce to be settled amicably. While this is unfortunate, it is simply a fact of life. However, if you are unable to resolve your divorce amicably, you should be aware that you and your spouse are setting yourselves up for considerably more time, aggravation, and stress associated with your divorce. In addition, you will spend a lot more money on legal fees and court costs.

This sort of adversarial process can take a tremendous toll on children who often feel caught in the middle. If you have young children, it is best to avoid this situation if at all possible.

However, when there is significant disagreement on the issues involved and you are unable to work them out amicably with your spouse, you will need to work with an aggressive divorce lawyer who can fight for your best interests in court. Keep in mind that this should be a last resort.

For more information about the issues associated with a divorce, please visit the website of the Law Offices of Anthony Carbone, serving clients in Jersey City and Newark, New Jersey at www.anthonycarbonepc.com.

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