When a Family Lawyer is What You Need

When the economy tanked, so did the divorce rate. That wasn’t due to the fact that fewer couples were finding reasons to divorce as much as it had to do with the fact that couples couldn’t afford to divorce. The pre-recession divorce battle was generally over who got to keep the family’s most valuable asset- namely the family home. Today that fight focuses more on who has to keep the family’s biggest black hole- the family home.

The nature of the game may have changed, but the game is nonetheless still being played. Couples who can’t afford to divorce are attempting to lead separate lives under one roof, usually raising their children separately in one house as they inch their way into the darkness that the recession has wrought.

Even if you find yourself in this predicament, unable to divorce with no desire to stay married, you should still consult with a family lawyer to make the best of a bad situation. You may not be able to legally divorce due to one or both spouses losing their jobs and source of income, but you should ensure that you are legally separated even if only on paper. A legal separation can protect your future or present assets from being garnished or seized because of your spouse’s outstanding financial obligations. For example, in some states a wife can have her wages garnished if her husband owes child support payments to a former wife and he has no income to go after for garnishment. You could easily go from a bad situation to a worse one without legal help to separate your assets and protect yourself.

A family lawyer can answer your questions, prepare the paperwork for a legal separation and put down in a contract what your divorce will ultimately look like when you can afford to go your separate ways.

If you are already divorced there are other issues a family lawyer can help guide you through, such as child custody arrangements. Child custody fights can become nasty and drawn out as two parents fight for the right to be the sole custodial parent. It is easy to get caught up in the emotional drama that this can bring out in even the most reasonable of people. An attorney can take the personalities out of the arrangements and help you work out custody that is in the best interest of your child. This can mean being more flexible, open-minded, or tolerant of your ex-spouse’s views or attitudes on child rearing.

A family lawyer can also be your greatest advocate if you suspect your spouse is abusing your child. They can help you gain custody quickly and move to protect your child from future abuse if necessary.

Don’t go it alone if you are in a position where legal help can make your life easier. A family lawyer is a great place to start to protect your rights and the rights of your child.