What Does a Divorce Attorney Do?

When your marriage is ending, it can be very hard to deal with the emotional issues it presents and the fear and uncertainty surrounding your future post-divorce life. In addition, the legal guidelines and laws surrounding divorce in New Mexico can add even more concerns. Suddenly, questions such as “What will a divorce attorney help me with?” and “Do I really need a lawyer to get divorced?” will become common.

Do You Need an Attorney for Your Divorce?

In most cases, talking to an experienced divorce attorney about all of your legal options and the divorce process itself will go a long way toward lessening some of your anxiety. He or she can also give you advice on how to protect your interests and rights, something that becomes especially important when you and your spouse aren’t agreeing on the issues.

Sometimes, people aren’t exactly sure when is the right time to speak a divorce attorney. If you are thinking about divorce, you’ve received divorce papers or your spouse is talking to an attorney or may be hiding or wasting assets, it is the right time. If you keep putting it off, you may find yourself scrambling to find an attorney, which is not a situation you want to be in. Ideally, you want to have the time you need to find an attorney you trust and feel confident in and comfortable with.

Why Talking to a Divorce Attorney Can Make a Difference

Divorce is a legal process that dissolves a partnership between two people. The kind of legal help you need when divorce is on the horizon depends on how complex that partnership is. The more complicated your divorce is, the more you likely need an experienced divorce attorney. When you are considering the complexity of the case, remember to include the following:

•       Children: If there are minor children involved, custody issues have to be handled via trial or by negotiations.
•       Property and assets: The more you and your spouse have, the more complex it will be to divide those assets. The same can be said of debts.
•       Support: The necessity of spousal or child support in your case can make it more complicated.

With so many important factors on the line, it’s vital that you completely understand what you agree to whenever you sign anything. This is where people often get into trouble with those “DIY” divorces you may have seen advertised. If you don’t completely understand the divorce settlement you’re agreeing to and have to change it later, you will likely have to hire an attorney anyway. Part of your attorney’s job will be explaining all legal documents to you before you sign, so you can avoid making a costly and emotionally expensive mistake.

In addition to the risk of agreeing to something unknowingly, you may also have legal issues in your situation that you are unaware of that need to be addressed in your divorce. In DIY divorces, people often overlook issues such as the cost of future college for the kids or the division of retirement accounts. With an attorney on your side, you greatly reduce your risk of overlooking something that is important. 

Even the simplest divorce on the surface can become complicated as it progresses. When you consult with a divorce attorney, you will have the chance to access a wealth of information you would not have known otherwise. When you have proper legal representation in your divorce, you have a better chance of receiving a settlement that will reflect your needs as they are now and some as they will be in the future.