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Four Reasons to Get a Divorce Lawyer

  1. Divorce is stressful enough

Deciding to handle your divorce yourself is a decision bound to bring you unnecessary stress. Not only do you have to deal with the emotional trauma you or your children experience, but you also have to think unemotionally and make sure you are getting a fair deal in the actual divorce. Let a lawyer deal with the legal headaches that come with divorce. They will try to make your experience as pain-free as possible so you can focus more on the important things like taking care of your family.

 

  1. Lawyers are experts

Imagine you are in a plane with your pilot friend who wanted to show off his new flying skills. Suddenly he faints and you are the one in charge of flying the plane. Who would you want to be talking you through landing the plane on the radio? A pilot of course. In the same way, lawyers who have studied and prepared to advocate for years are the people you want giving you advice and guidance. They know the ins and outs of the law and will help you to understand the sensitive issues of your divorce from beginning to end.

 

  1. Little mistakes can have big consequences

If you handle your divorce on your own, there are quite a few risks you are taking. For example, If you accidentally overvalue or undervalue an asset when dividing up property, you may have just unwittingly scheduled more court time in the future to take care of it. Since divorce is a legal agreement, you have to be exact on everything and when you are going through a divorce, there is so much stress attached to it that you might miss little mistakes that will cause you more problems later.

 

  1. Lawyers move the process along.

Going back to lawyers being experts at the law, there is a huge amount of paperwork associated with divorce and you may not understand all of it or be able to fill it all out correctly because of the turmoil caused by the divorce–and life in general. If you accidentally fill something out incorrectly, you will most likely have to extend the courtroom time and allow the divorce process to drag on. Let the experts handle it to insure that your divorce moves as fast as possible.

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How Debt is Divided Up

 

When thinking about how to divide assets and property, it is easy to overlook debt, and how it will be divided between the individuals.

If both parties in the divorce are able to come to an agreement about how they will split their debt, the court will usually honor that agreement. However, if they cannot come to agreement about how to divide it, the judge will determine how it is to be divided.

Equitable division

When debt is equitably divided, the judge considers all aspects of the debt, of the divorce, of each individual and their circumstances. It is important to know that debts will most likely not be split down the middle if the judge is the one who has to divide it; it is equitable, not equal. For example, if the item or service is used exclusively by one person, generally, the other will not be forced to pay the debt for it.

Debts entered into during marriage

All debt entered into after the marriage is usually deemed marital debt. The house, a boat, or a car are all things that may have debt attributed to them, and will often  be split between the two parties. However, there are some exceptions. For example, if you and your spouse bought a boat together during marriage, and then you kept it for yourself afterward, you would also be primarily responsible for the debt associated with the boat.  Medical expenses on behalf of any minor children will also be split between the couple.  If one party keeps an item with debt, such as a vehicle with a payment, then both asset and debt may be awarded accordingly.  Parties need to remember that there is usually no benefit without the accompanying burden, and visa-versa.

Debts entered into before marriage, and personal debts

Any debts either party entered into before marriage will generally stay with the individual whose debt it is, so long as it has not been commingled. The same may also apply to debts entered into for solely one person, especially if it is not used as a marital asset. For example, if (while married) you went into debt to buy an expensive personal computer for your own private use, you will likely hold onto that debt upon divorce. Proving this can be difficult sometimes, because it is not always completely clear who had sole use of a product or service.

Legal issues are not  simple.  There is not an easy, bright-line on every issue, espite what a relative or bar-buddy may tell you.  You should get excellent  representation, and you will  at the Huntsman Firm.