Brooklyn, NY – There are several different services that a divorce lawyer provides, and legal advice is crucial throughout the process of a divorce for a spouse to protect their own interests. Couples may have some questions about how to best prepare for the divorce and make the process go smoothly. It is helpful to review some basic information about the services of the divorce lawyer and some common issues that arise during this time.
Why is it important for each spouse to get their own lawyer?
When a couple is divorcing, they each will want to have someone advocating on their behalf for things like property, financial interests, child custody, and alimony and child support payments may result from the divorce as well. Because this set of interests is adverse when compared to what the other spouse wants, it is not proper for an attorney to represent both spouses at the same time. This is considered a conflict of interest, and an attorney who tries to represent any two parties with adverse interests at the same time may be in violation of the rules of professional conduct.
Agreeing to certain terms of the divorce
When two spouses can agree on many terms related to their divorce, this will make the legal process quicker and easier. In most cases, if the couple has already agreed on certain issues, they can simply present the agreement to the court and have it take legal effect. This can reduce legal fees and time spent in court. If most or all aspects of the divorce are not disputed between the couple, this is often a best case scenario that will make the divorce process go quickly. Generally speaking, long term marriages and those that include large amounts of property and assets tend to take the longest and require the most legal assistance.
Can a spouse attempt to represent their own interests?
It is usually not a good decision for a spouse to try to advocate against the other spouse’s lawyer without their own legal counsel. The money saved on legal services can sometimes be lost by unfair results in property division, child support, and alimony payments. As a general rule, each spouse should get their own representation.
How will child custody be determined?
When there are children involved in the marriage, child custody is often a contentious issue. New York judges use a similar standard to most other states called the best interests of the child to determine custody. They will try to minimize disruptions to the child’s life and create a custody plan that allows for adequate care and time with both parents.
Learning more from an attorney
Any specific questions about divorce and custody issues should be directed to a licensed lawyer. Elliot Green Law Offices is available to discuss family law issues in Brooklyn.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201