Dissolving a failed marriage can be a painful affair. This is especially the case if one or both of the partners are bitter or angry. Negative emotions often interfere with the process because it is actually necessary to make a host of very important decisions and to reach vital agreements. This requires a sober and objective frame of mind. A divorce attorney in Herkimer NY can help couples to make such decisions in a fair and legal manner.
A surprising number of people think that their rights are protected because they have a prenuptial agreement. This is not necessarily the case. When a couple split up the lawyers will scrutinize the agreement for discrepancies. Most agreements have conditions that may come into play. If one partner has transgressed the terms of the prenuptial agreement it can be declared null and void.
In most cases each partner hires his or her own lawyer. Negotiations are normally conducted between the lawyers and not between the partners involved. This can help to keep negative emotions and personal issues out of the proceedings. However, it is still the duty of the lawyer to follow the instructions of his client and to make sure that the interests of the client are served as best as is possible.
One of the biggest causes of conflict is the matter of custody. It is of paramount importance that the interests of the children are treated as the most important priority. Unfortunately many separating couples cannot agree about custody, visitation rights and ongoing financial support. In such cases the lawyers may recommend that a social worker is tasked to evaluate the situation and to report to the court.
Financial issues are also often a cause for conflict. It is necessary to divide the assets between the parties and to make decisions on how to deal with debt and investments. In many cases it is not ideal to liquidate assets and investments but this may become necessary if no other solution can be found. Alimony and child support must also be a part of the final financial agreement.
Divorce is not only an emotional issue but the financial repercussions can also be far reaching. It is vital to appoint an experienced lawyer. Care should also be taken to provide the chosen lawyer with full details regarding prenuptial agreements, the financial affairs of the couple and any other documentation that can have a bearing upon the case. Hiding information from the lawyer can turn out to be a very costly mistake.
Nobody should ever represent themselves in court. The legal system is extremely complex. There are alternatives to lawyers, though. If the separation is reasonably amicable it may be better to consider the services of a specially trained and licensed mediator. In such cases the mediator facilitates an agreement between the two partners during private consultation sessions. The agreement is then made an order of the court.
When a marriage fails everybody loses. Once it becomes clear that the marriage is over the best thing couples can do is to try and manage the process civilly. Acrimony serves no purpose whatsoever. Many couples even manage to remain friends after they separated. This is especially important if there are children in the equation.
Find a list of the benefits you get when you consult a divorce attorney in Herkimer NY and more information about a well-trained lawyer at http://www.toddbennett.com now.
Author: Karina FrostThis author has published 246 articles so far.