Get A Divorce Attorney In Herkimer NY To Protect Your Rights

By Karina Frost


When families split up there are numerous repercussions for everyone that is involved. The process is often epitomized by intense emotions. Yet it is necessary to make some very important decisions. With help from a divorce attorney in Herkimer NY it is possible to ensure that reasonable agreements are reached and that the process is managed impartially and fairly. Permanent separation has far reaching consequences and it is important to make sure that negative emotions do not cause lasting damage.

Many couples are convinced that they are protected due to the fact that they have entered into a prenuptial agreement. These agreements are indeed designed to protect the interests of both parties but if one or both the partners have breached the terms and conditions of the agreement it may be declared invalid. When hiring a lawyer this agreement should be presented immediately.

In most cases couples splitting up each hire their own lawyer. The role of the lawyer is to represent his client and to look after his or her interests. However, most reputable lawyers will try their best to reach a fair and amicable agreement. They are not involved in the emotional issues that caused the breakup. Their role is simply to make sure that the rights of their clients are protected and that fairness prevails.

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 matters are also often the cause of conflict during separation negotiations. Many couples simply cannot agree on how to divide the assets between them, how to deal with debt and how to manage investments and insurance policies. In many cases one partner will have to pay ongoing maintenance to the other partner. When no agreement can be reached it is often necessary to sell the assets before dividing the proceeds.

The emotional repercussions of divorce can last for years but the financial implications can be devastating. It is of paramount importance to hire an experienced lawyer. The lawyer should be briefed in detail and all relevant documents and information should be made available. Lying to the lawyer or failing to disclose vital information can be a very costly mistake.

Legal fees can be extremely high, especially if the matter is contested in open court. Couples do not necessarily need lawyers, however. They can also hire the services of a specially licensed mediator. It is considerably cheaper and only one professional is paid. This option is only viable if the two parties are able to negotiate sensibly in the presence of the mediator.

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.




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