3 Reasons You Need a Divorce Attorney Even With No Marital Assets
Summary
This video from Lunn Law LLC outlines three critical reasons for hiring a divorce lawyer even when a couple believes they possess no shared property. First, families with minor children require a comprehensive parenting plan tailored to their specific needs to avoid future legal disputes. Professional representation also saves significant time and energy by ensuring paperwork is handled the first time correctly, preventing delays from court rejections. Additionally, legal professionals can identify separate assets that may have accidentally become commingled or marital property during the marriage. Ultimately, an attorney provides the necessary knowledge to navigate complex domestic laws that a layperson might overlook. By prioritizing professional guidance, individuals can secure a faster and more stable transition into their post-divorce lives.
FAQs
Do I need a lawyer for a divorce if we have no assets?
Yes, legal representation is recommended because cases involving children or complex asset definitions require professional guidance to avoid future litigation.
Why is a co-parenting plan important in a Georgia divorce?
A co-parenting plan is necessary for families with minor children to establish a serious framework for the child’s upbringing that is optimized for their specific needs.
Can I use a generic divorce plan found on the internet?
Generic internet forms often fail to account for the unique details of your family and relationship, which are details that an attorney can help you address.
How does hiring an attorney save time during a divorce?
Hiring an attorney saves time by ensuring documentation is filed correctly the first time, which prevents delays caused by judicial rejections.
Is an attorney necessary for an amicable divorce?
An attorney is beneficial even in amicable cases because the legal process requires significant energy and precise attention to detail that can be difficult to manage alone.
What happens if a judge finds errors in my divorce paperwork?
When a judge identifies errors in paperwork filed without counsel, the case often takes much longer as the court requires multiple corrections.
What are separate assets in a divorce?
Separate assets are properties owned by one spouse, but these can sometimes be reclassified as marital or mixed assets depending on the circumstances.
Can a separate asset become a marital asset?
A separate asset can become a marital or mixed asset based on how the property was handled or utilized during the course of the marriage.
Why should I let an attorney take the lead in my divorce?
Allowing an attorney to take the lead enables you to provide necessary information while they manage the legal complexities and move the case along efficiently.
What is the risk of a poorly structured parenting plan?
A poorly structured parenting plan often results in parties returning to court sooner than expected to resolve unforeseen issues that were not addressed in the original decree.
Transcription
Three reasons you need a divorce attorney with no marital assets. Number one: you have minor children together. You need a plan, not just any plan; you need a serious plan. You need the standard plan optimized, and you can only do that with an experienced attorney. There are so many things that you can work out in this plan that you wouldn’t normally think about, and that is not on the internet. That is very specific to you, your relationship with your spouse, and your child. I personally would not cut any corners when it comes to having the type of plan that suits our needs as a family going into a co-parenting situation. If you have a poor plan, then it can have you back in court faster.
Number two: you do not have the time or the energy. When it comes to a divorce, even something that you think is amicable, you need to think about the time that it takes and that it will take out of your life. Then you need to think about whether that is something you want to forfeit. You also need to think about if you don’t have divorce attorneys involved, is this going to be like a train wreck where you’re waiting and you’re having things coming back from the judge saying, “this isn’t right,” “this isn’t right,” “we still need these things”? And it just takes much longer. So, you need to think: do I want to put the time and energy into doing this, or do I want to hire someone that this is what they do? They know what they’re doing, and they’re going to finish it faster with me sitting in the background giving them information and letting them take the lead.
Number three: you have significant separate assets. Sometimes people don’t realize what truly a marital asset is, or they don’t understand that you can make a separate asset now marital or somewhat marital, like mixed. So those things play a part. It can still become a little messy in a divorce when you’re thinking, “Oh, we don’t have marital assets,” and you really have maybe a completely marital asset that you didn’t really realize was marital, or you have something that has been what we consider mixed, and now part of it is separate and part of it is marital. All of these things are reasons why you definitely need a divorce attorney even when you don’t have what you consider marital assets.