Question By: A divorce attorney plays a crucial role in the division of assets and debts, ensuring that the process is fair and legally compliant. Firstly, they provide a thorough assessment of all marital assets and debts, including properties, bank accounts, investments, retirement funds, and any liabilities such as loans and credit card debts. This comprehensive evaluation is essential for establishing a clear picture of the financial situation.
Divorce attorneys also guide their clients through the legal principles and state laws governing asset division, which can vary significantly. They help determine what constitutes marital property versus separate property, as only marital property is subject to division. This distinction is vital, as it can impact the distribution significantly.
Negotiation is a key function of a divorce attorney. They advocate on behalf of their client to achieve a fair division, considering factors like the length of the marriage, each spouse’s financial contributions, future earning potential, and custody arrangements if children are involved. Through negotiation, attorneys aim to reach an equitable settlement without the need for court intervention.
If a settlement cannot be reached amicably, a divorce attorney represents their client in court, presenting evidence and arguments to support their client’s position. They prepare all necessary legal documents and ensure compliance with court procedures, which can be complex and daunting for individuals without legal expertise.
At The Family Law Firm Healy Eliot + McCann, divorce lawyers in New Canaan work to make the divorce process more manageable and less stressful by thoroughly explaining all relevant legal issues to their clients and responding to each client's individual needs. For more information, visit: https://www.thefamlawfirm.com/divorce
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