Reasons to Hire a Divorce Lawyer

The divorce process is notorious for being pricey. Because of this, many people may be tempted to opt for self-representation and to file for divorce on their own.  Although this may work to some people’s advantage, most people should consider hiring a divorce lawyer. If you think there may be a financial or custody battle or a difficult road ahead, it is in your best interest to seek help from a professional. If there are no disagreements, children, or assets, you could potentially file on your own and use forms that are provided on most court websites.

In general, most people find the divorce process to be confusing and difficult; a divorce attorney is there to make everything clear for the client, along with representing his or her client’s best interests. Below, we wanted to share some reasons why hiring a divorce lawyer is a good idea.

  1. They’re the experts – Most people don’t have knowledge or a background in marital or family law. If you have complicated issues to sort out (custody, support, inheritance, debts, income), attorneys are experts their field and know exactly how to put a case together and what to give and say to the judge. If you represent yourself, there’s a chance you can jeopardize your own case by improperly preparing or speaking.
  2. They know all the options –  When you meet with attorney, you will tell them the entirety of your situation; he or she will discuss with you all options to settle the case, including outcomes. Being familiar also with settlement alternatives, an experienced family law attorney can help you create a settlement proposal, and also let you know whether to settle, fight or make a counter-proposal.
  3. They know the ins and outs of the paperwork – If you want the best possible outcome for your case, you want the judge to have all critical documents in hand; these documents all need to be filled out correctly. Wrong information could make the judge not rule in your favor. Divorce attorneys know how to fill out the paperwork properly; they will put it together in the best way possible so the judge views your side favorably. You don’t want the court to give you something other than what you intended due to improper verbiage on the paperwork.
  4. They can stick to a timeline – Without an attorney, a lot of documents could potentially be missing, done incorrectly, or forgotten. This can delay the court’s ruling.

Other reasons to hire a divorce attorney:

  • They can help reduce your stress
  • They can help you see the big picture
  • They can give objective advice

For most cases and individuals, people will save time and stress hiring a divorce attorney. The law is complicated and emotions can run high during this process, so it’s best to work with the professionals who will protect your rights. If you’re looking for a divorce attorney, reach out to Sustainable Family Solutions in Broward County, South Florida, today. Sustainable Family Solutions offers its clients guidance and support through the entire divorce proves. If you have further questions of want more information, click here.

I may need a divorce.
Hi, I’m Lori Barkus, a family law attorney. My Colorado and Florida-based law firm helps women have a successful divorce by achieving the fairest resolution in the most efficient manner possible. And today, I’d like to talk to you about the what-ifs of divorce. Let’s say you’re thinking about divorce, or maybe your spouse has shared some shocking and devastating news about a betrayal or told you that they’re thinking about divorce, and you’re completely caught off guard by this. You’re still determining what you want at this point. You might still be thinking, maybe I can still save my marriage, or it might be unavoidable and the process is moving forward. Your friends and family are telling you that you should go forward. They’re telling you, you should talk to an attorney. You have so much going on. You know you need help but you’re trying to figure out where to go.

We can help with this situation, because it’s something that my firm and I have faced many times over the years. In fact, we’ve seen cases like this so often that we’ve created an offering specifically for you. We do what’s called a strategy session, and the purpose of this session is to answer all of those what-ifs? We’re here to help you, not just tell you that you should go forward with divorce. We want you to understand what would happen if this goes forward. We want you to know what the process looks like. We want to answer your question about mediation. What is it? Is it right for you? What can you expect in terms of custody of your kids? Would you get alimony? Would you pay alimony? How does child support work? What if you want to keep your house? Maybe you’re concerned that your partner is hiding money.

We can answer all of these questions and more. We can also provide resources to help you understand your financial picture and help support you in making the decision. That’s what we’re here to do. We want you to determine if the marriage can be saved and if divorce is the right step for you, and if it is, we want to make your divorce a successful one. If you have any questions, please get in touch.
Divorce FAQs

A divorce mediator is a neutral party who does not represent either person in a divorce. They can help you and your spouse reach an agreement on all divorce-related issues such as child support, parenting plans, dividing property and spousal support. Divorce mediation usually works best when both parties generally agree on how they want to resolve the various issues and are on amicable terms. At Barkus law, we provide a service that includes both mediation time to discuss and work out the details of your divorce as well as the preparation of all divorce-related documents you will need to file with the court. Although she is a family law attorney, in her role as a mediator, Lori Barkus cannot file paperwork on your behalf, nor can she provide you with legal advice. However, she can prepare all of the documents for you and give you detailed step-by-step instructions about how to file your paperwork. Should you have legal questions or require that paperwork filed on your behalf, you should speak with a qualified attorney about your rights and obligations before and even during the mediation process. Mediation is a low-cost and less stressful way to “untie the knot.” Sustainable Family Solutions offers a flat fee for the mediation process and an additional fee for preparing the documents you need to file with the court. Please call us for details.

In a collaborative divorce, both parties are represented by separate attorneys. The parties and their lawyers sign an agreement not to go to court and instead work together to create an agreement that is best for the parties and their children. The parties can end the process if it does not work, but, if they go to court to have a judge decide, they will each need to hire another lawyer. This keeps the lawyers and parties invested in reaching an agreement. Collaborative divorce can cost far less than a traditional or litigated divorce and can help preserve the family and keep children out of the process. If you are interested in a consultation or have questions, do not hesitate to contact Sustainable Family Solutions. Simply click here and send us a message and we’ll get right back to you.

In order to obtain a divorce, one party needs to state that he or she has lived in Florida for six months and that the marriage is irretrievably broken.
A divorce can be granted over one party’s objection. As long as one party meets residency requirements and states that the marriage is irretrievably broken, there is no way to object to or to stop the divorce process from moving forward.

While you are not required to have a lawyer represent you, not having a lawyer can put you at a disadvantage. It is very important that you understand your rights and obligations before you reach any settlement or go to court. You may decide to seek legal advice or representation if you have questions about your rights in the divorce process.

While alimony can be modified, requesting a modification doesn’t mean you’ll get one. It’s not a matter of simply going before a judge and telling them that you no longer can pay what you have been paying your ex-spouse. These cases must be prepared carefully and those seeking a modification must be able to state a legal basis for the change. Under Florida statute 61.13, the trial court judge has the discretion as to whether alimony will be modified. It provides that when “the circumstances or the financial ability of either party changes” either party may apply for an order decreasing or increasing the amount of alimony and the court has jurisdiction to make orders as equity requires, with “due regard to the changed circumstances of the financial ability of the parties.” The party seeking the modification carries the burden to justify the reduction by having to prove a substantial change in circumstances since the original alimony order and that the change in circumstances was not contemplated at the time of the final order of dissolution. The change also has to be “sufficient, material, involuntary and permanent in nature.” In other words, the party seeking a reduction can’t quit a job that paid them $100,000 a year and accept a job that pays significantly less. When it comes to being permanent in nature, this depends on the facts and circumstances of a particular case. Should the spouse paying alimony choose to retire, the court can take that into consideration. However, that doesn’t mean there will be an automatic reduction or termination of alimony. The court has to consider the age of the payor, his or her health, and the reason for their decision to retire as well as the financial circumstances of the recipient. There are many scenarios that can be contemplated when seeking modification of alimony. Modifications require the consultation and assistance of an attorney who understands the process, the risks and the likelihood of success. If you are interested in a consultation or have questions do not hesitate to contact Sustainable Family Solutions. Simply click here and send us a message and we will get right back to you.

The goal of shared parenting is for parents to collaborate and to remain actively involved in their child’s life, not just on weekends or holidays. In most cases, parents share parental responsibility and make decisions together regarding education, health, and other important matters. Timesharing refers to the time each parent is allowed to spend with the child or children. In more and more cases, parents have equal or nearly equal timesharing with the children. Historically, most children whose parents divorce have spent a majority of their time living with one parent — usually the mother — with the other parent getting visitation rights. However, there has been a big push in recent years to balance the amount of time children spend with both parents, giving parents the opportunity to be actively involved in the raising of their children. In most states, including Florida, judges make custody decisions based on a”best interest of the child” standard. However, judges need not explain the reason(s) for their decisions. Several states have gone so far as to pass shared parenting legislation. In 2013, Florida lawmakers approved an alimony reform law that included a provision for shared parenting. However, Gov. Rick Scott vetoed the bill. Equal timesharing isn’t for everyone and works best for those who are ready, willing and able to take on responsibilities for their child. If you are interested in a consultation or have questions do not hesitate to contact Sustainable Family Solutions. Simply click here and send us a message and we will get right back to you.

right arrowReady to learn more? Next Steps.

Related Articles

What is involved in a Divorce Consultation?

https://youtu.be/8VLF9fivEl4 Let’s talk about what a divorce consultation is. It is your chance to understand your rights and responsibilities in...

Read More

Can alimony be modified?

While alimony can be modified, just because you request a modification it doesn’t mean you will get one. It is...

Read More

What is collaborative divorce?

In a collaborative divorce, both parties are represented by separate attorneys. The parties, and their lawyers, sign an agreement not...

Read More