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2014/10/01

How A Divorce Attorney In Herkimer NY Can Help Couples To Separate Amicably

By Karina Frost


When a marriage fails a lot of people are involved and there are inevitably some intense emotions involved. The process of dissolving a marriage can be a painful one but with the assistance of a divorce attorney in Herkimer NY it is possible to approach the process calmly and objectively. Bitterness and anger are not only negative emotions but they often cause serious obstacles in the judicial process.

A lot of people think that the very fact that they are in possession of a prenuptial agreement is an advantage. This may not be so. Lawyers acting for the other party will study the agreement to see if any of the terms and conditions has been breached. If this is the case the entire agreement may be declared invalid.

When marriages dissolve each partner normally hire his or her own lawyer. The lawyers handle all negotiations on behalf of their clients. This can help to keep the process objective and fair. While each lawyer has to consider only the interests of his client it is also true that most reputable lawyers will try to make sure that a fair agreement is reached.

Custody issues often cloud the negotiations during a separation. If the separating couple has children their interest are always considered to be the first priority. The lawyers of each party will have to negotiate on this matter. Even if custody is not contested matters such as visitation rights and ongoing support has to be negotiated. In some cases the wishes of the children will be considered by the court.

Money can also make matters very difficult during negotiations. This is especially the case if the joint estate of the couple is complex. Numerous financial decisions need to be made. In some cases it will be necessary to liquidate assets and investments. Agreement on how to deal with debt and taxes, for example, also need to be reached. In many it is also necessary to agree on ongoing alimony and child support.

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 marriages end the parties concerned should try everything within their power to prevent negative emotions to govern their behavior. Bitterness and conflict simply cloud the issues and nobody benefits from such a situation. If there are children involved it is vital that the parents make sure that the kids are assured that they are still loved and that they are not losing a parent.




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