6 Reasons to Hire a Separation Lawyer in Bismarck, ND
There are many reasons to hire a separation lawyer, such as securing child custody while protecting your rights. This guide explains them all.
Separation and divorce can be isolating and painful, but those going through it are far from alone. With a divorce rate of 2.4 per 1,000 people, the US has fairly high figures for those who go through this challenging legal process.
Hiring a separation lawyer can make your split smoother and quicker. North Dakota couples can greatly benefit from hiring a top-notch attorney. Read on to learn how legal help can assist with asset distribution and other agreements.
1. Knowledge of Legal Proceedings
Separation and divorce go hand-in-hand, but they’re distinct. In a separation, a married couple divides their assets after making the decision to stop living together. They remain legally married, making separation less final than divorce.
Divorce is frequently the next step after a separation. This process dissolves the marriage that the former spouses shared. They become legally single.
Those going through separations or divorces will need to file paperwork to make the initial separation official.
A petition for legal separation is the first thing that a spouse files. A Bismark lawyer can help to fill it out comprehensively and correctly. It includes the basic personal and financial information of the couple and states that the person filing for the separation is not at fault for it.
After that, top lawyers in Bismarck will help the former couple navigate a separation agreement. This agreement includes things like:
- What assets will go to each partner
- How and when asset distribution will take place
- Division of costs like health insurance
- Alimony and child support payments (when applicable)
After that, the lawyer will file a proof of separation. This shows that the couple is officially living in separate residences. Documents to file may include:
- Driver’s licenses with separate addresses
- Leases and/or mortgages
- Bank statements
Without an attorney, navigating these forms is difficult. Filing them officially is impossible. Hiring the best divorce lawyer available means accessing comprehensive knowledge about separation documents and how to make them official.
2. Understanding North Dakota Law
Each state has its own laws regarding separation and divorce. In North Dakota:
- The spouse filing for divorce needs to live in ND for 6+ months before starting proceedings
- Both no-fault divorces and fault-based divorces are allowed
- An equitable distribution approach is legally mandated in most cases
- Child support is calculated based on income and the number of kids
These are just some examples of state-specific laws. A knowledgeable Bismarck lawyer will know more so they can follow all legal requirements to a T.
3. An Objective Mediator
Divorces and separations are emotionally charged. Feelings of resentment toward your former partner are natural. These emotions can be difficult to manage and lead to unnecessary arguments and unfair demands.
Lawyers are an objective third party who don’t take sides.
They can give you an outsider perspective on fair asset distribution and custody schedules. Information from a separation lawyer is unbiased and fact-based.
Having someone else in the room during negotiations stops it from becoming a painful and long-winded screaming match. This ensures a fair and quick resolution to your separation so you can move on more quickly.
4. Protecting Client Interests
When emotions cloud judgment during a divorce, it’s difficult to make rational decisions about your financial future. An attorney can help you understand and safeguard your finances by assessing both parties’:
- Material assets
- Financial assets (like bank accounts)
- Income
- Debts
- Other liabilities
A fact-based assessment can help come to a fair agreement regarding both asset distribution and spousal support. This ensures that you get fair funds and an equitable asset exchange.
5. Goal-Oriented Negotiations With a Separation Lawyer
A comprehensive legal understanding and objective perspective both contribute to your lawyer’s ability as a negotiator. However, there are other factors that go into this skill.
A core reason that attorneys are good at negotiating is that they commit to understanding your separation settlement goals. Even if you get caught up in specific short-term goals like getting one object or “winning” the separation, an attorney can help you think ahead.
They’ll listen to what you want your post-divorce life to look like and advocate for what will get you there. For example, if you want to continue living alone in the house that you shared with your partner, they may help advise you about exchanging money or additional assets for that home. If you want to live in a different location, lawyers may help you liquidate real estate.
A top attorney for divorce can help you figure out what you need from your settlement in order to achieve your goals. This means they can focus on negotiating for the most important things.
They’ll also be able to identify your ex-spouse’s goals, which gives you an idea of how to bargain. If they want the car more than anything and it doesn’t help meet your long-term separation objectives, your attorney can negotiate more money – or an asset that you care about – in exchange for the vehicle.
6. Easy Case Management
Through paperwork and hard-to-navigate feelings to assets and negotiations, there’s a lot to think about during a separation. Managing it alone (or with an ex-partner you can’t get along with) is impossible.
A lawyer will:
- Track all of your separation paperwork
- Check it over to make sure it’s accurate
- File the papers for you correctly
- Communicate with your ex-spouse’s lawyers to resolve any problems
- Facilitate negotiations with your ex-spouse directly whenever possible
- Negotiate with your ex-spouse’s lawyer on your behalf
Your lawyer is there to support you while navigating the divorce. You won’t need to worry about research and document preparation. Errors are less likely, so you can have peace of mind while focusing on your well-being during this tough time.
Find a Top Family Law and Divorce Attorney in Bismarck
Now that you know how a separation lawyer can help your divorce go more smoothly, it’s time to talk with a legal professional.
Heartland Law Office, PC is committed to providing exceptional mediation services for those going through divorces. Our BBB-accredited law firm has helped hundreds of families navigate the divorce process and divide assets. We also work to come up with custody plans for divorcing spouses and their children.
We offer both in-person and virtual consultations, so request a case evaluation today to learn more about your specific situation.