Role of a Divorce Lawyer in Divorce Settlements

Posted by on Nov 3, 2013 in Divorce | 0 comments

Texas is the first state in the US to include collaborative divorce in the Family Code statutes. This indicates that Texas is in favor of alternatives to litigation when it comes to divorce, accommodating couples who prefer to keep things simple and amicable through a simplified divorce, mediation, arbitration or collaborative divorce. In most non-litigation divorces, the presence of a lawyer is not required, except perhaps for collaborative divorce. As a result, many couples have the mistaken belief that they can do it all on their own and save on money.

This is not true, however. The law is couched in terms that are not easily understood by the layperson no matter how carefully and often one goes over the numerous statutes related to matters of divorce. Even the most well-meaning and diligent of couples can draw up a divorce settlement or fill up a divorce form that will not be acceptable to the court because it may not be in the correct format or contains serious errors and disallowed provisions. The agreement could also contain provisions that is grossly unfair to one of the spouses, or which affects children of the marriage in an adverse manner, which may have repercussions later on.

The role of the divorce lawyer in a divorce settlement is to provide guidance, clarification and suggestions for the legal aspects of a settlement. While it would certainly cost a little more to get legal advice, it will be worth it if the settlement is drawn up correctly. An article on the website of BB Law Group PLLC points out that there are many legal points that may arise even in the simplest of simplified divorces that may require clarification. A lawyer in a consultant or advisory capacity is still the surest way to buttoning up a divorce settlement with a minimum of fuss and muss.

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