Can a Good Divorce Lawyer Ensure the Fairest Settlement From Your Divorce?

For those who are going through a troubled marriage, divorce seems to be the only option. Since different people view problems in their marital life differently, the way the matter of divorce is handled varies from person to person. While some end their relationship amicably, others keep on fighting for issues like property or children. For many, children become a means of wounding the other partner.

If all couples would have agreed on the issues harmoniously, there would not have been the requirement of a divorce lawyer. The fact is most couples share the same problem, lack of communication and that is when there is the need for a divorce lawyer. The divorce lawyer helps the couple with the division of property and with the custody of their children. These issues leave bad scars and it is better for the divorce lawyer to settle things down.

The major issue that arises during the procedure of divorce is the custody of the children, if the couple had children during the marriage. This emotional issue can be dealt with and worked out efficiently by an attorney without adding to child's emotional trauma by having to choose between their parents in a filled courtroom. The attorney is able to provide fair and possible agreements that can be easily agreed upon by the couple. In such a situation, where the other side gets contentious, an efficient attorney is able to fight for the individual's custody of the child in a courtroom.

The issue of dividing property and assets can also be an emotional issue if only one partner decides to end the marriage and the other does not. The problems that can arise out of this issue are better handled by the attorneys as many think it is better to extract as much property from the partner as possible. This issue becomes more time-consuming if one side fights more for the property division.

It is true that hiring a divorce lawyer can be expensive but that expense is worth the effort taken to acquire a judicious settlement in terms of division of property and child custody as well as visitation. Also, there are some laws that citizens are not aware of, so attorneys are required to prevent the couple from using them against one another.

Divorce is a difficult and serious emotional issue and opting for a renowned divorce lawyer with the suggestion of family and friends is important for every separating couple.

Writing is my life and I love it. I write a lot of Articles and Blogs to relay all of my experience about Divorce Lawyers. To know more about Child Custody Lawyers visit my website.

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Divorce and Mortgages - Property Settlement Review

My client's property settlement agreement provides that the mortgage remain in place and that the house will not get sold until the children graduate high school in three years; do you still recommend seeking counsel of a mortgage planner to review the situation?

Yes because the issue that often pops up here is we will find out that the mortgage is up for an adjustment before the triggering event for the sale takes place. In most instances people do not know what type of mortgage they have let alone the financial impact it makes. By having a mortgage planner review the copy of the note and mortgage in advance of settlement negotiations you can ensure that the mortgage financing will not dramatically change mid-course.

Often times the client is mistaken about what type of mortgage they have and as a result your Case Information Statement (CIS) will not be accurate. Many times clients think that they have a 30-year fixed when in fact it is a balloon mortgage or an adjustable. Many attorneys will rely on the CIS or even the tax returns but they can both reflect things (through no fault of you or the client) that are in fact not accurate.

The best way to ensure the client has what they "think" they have regarding their mortgage is to have them provide you with a copy of their Note and Mortgage. If you are not familiar with how to read these you can send them to your mortgage planner for an analysis but basically paragraphs 2, 3 and 4 of their note will detail what they have. Highlight the terms and ensure they match the CIS.

Recently we were working on a case with an attorney and her client thought she had a regular adjustable rate mortgage as she indicated on the CIS. We obtained a copy of the note and mortgage and it turned out that it was a private note from the father-in-law which was a 3 year balloon at a rate of only 3%. She was going to remain in the home and figured that her soon to be ex-father-in-law would simply extend the note. He did not want to and we discovered that she could not afford to remain in the house. This of course changed the settlement strategy.

This example is clearly an easy one to drill down on but not all examples are clear cut. The important thing is to "know" the financial impact to your client before you begin settlement discussions. Life as an attorney is complicated enough. Why not make it easier and form a relationship with a mortgage planner to help you do a better job for your client while making it easier on you.

About the author: Dave Muti, JD, RMA is the author of Mortgages - What You Need to Know The book contains strategies to take control of your financial future is offering answers to mortgage questions and mortgage advice to today's hot real estate topics. Dave is a consultant to divorce lawyers on subjects related to divorce and mortgage and a senior mortgage planner located in New Jersey.

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