3 Common Questions Regarding Divorce

3 Common Questions Regarding Divorce - Two separate wedding rings next to the word

Divorce Lawyer

If you or a loved one is thinking about divorce it would be in your best interest to reach out to a divorce lawyer clients trust to provide wise counsel. There are many questions regarding divorce, what the process is like, and how a divorce lawyer can help. The following are three of the most common questions regarding divorce. 

  • What happens in the divorce process? One of the spouses will begin the divorce process by petitioning for divorce and serving the other spouse with divorce papers. Protecting assets, collecting evidence, and taking inventory of all you wish to gain control over in the divorce is a part of the first step. Discovery is the second part of the process of divorce. The discovery is where your divorce lawyer will begin collecting important documents such as tax returns, medical records, bank information, and valuing your assets. The third step is negotiations among the spouses’ attorneys where they will advocate on behalf of their client and try to amicably settle outside of court. If the couple decides to settle out of court that means they do not have to adhere before a judge. However if the couple does not agree to a consensus they will move to the final step of the divorce, the trial. At the trial, a judge will rule on your divorce case in court. 
  • How can a divorce lawyer help me? If you are contemplating your response to divorce papers, or need counsel regarding various aspects of a settlement or a potential trial, a skilled divorce lawyer can help. Rather than trying to navigate this process on your own, your attorney can provide years of experience, and insight on your specific case, and grant you peace of mind during what is often a strenuous season. Your divorce lawyer will work with you to ensure you know what your rights are, and what you should fight for in the divorce. They will also advocate on your behalf during the negotiations with your spouse’s lawyer, and at court if you go to trial. 
  • How are my assets divided in a divorce? Asset division may vary from state to state, which is why it is important to ensure your divorce lawyer is knowledgeable and responsible.  Kempen & Company clients can trust that their divorce lawyer has the experience needed to follow state law and tax considerations, working for their client’s best interest. In California, assets are considered community property if acquired during a marriage. Since spouses hold equal ownership of their assets, they should be equally distributed within the divorce as well. If the spouses cannot share a consensus on their asset distribution, they may need a family law judge to intervene.

Having a skilled divorce lawyer will benefit you during this process as they will fight aggressively for your interests and rights. Don’t be intimidated by going to court, and advocating for what you deserve. Your divorce lawyer will be with you through the whole process.