Unless you’ve already dealt with the difficult ins and outs of the divorce process, you may find yourself meeting with lawyer after lawyer trying to find the right fit. While meeting with a potential family lawyer serving Wichita may be time-consuming, finding the right fit is the key to a faster, less-expensive divorce. Luckily, you can speed up the process of hiring a family lawyer by knowing what to look for ahead of time.
You need to remember that divorce is a legal process in which you dissolve your assets and resolve custody issues. Consequently, your divorce lawyer’s job is to represent you to the best of his or her abilities. Even though this is an emotional time, your divorce attorney isn’t there to listen to your anger, frustration, pain and sadness. Using a family attorney as a therapist is a gross misuse of your money, as he or she won’t be trained to help you in that way. It’s much healthier to begin this process with realistic expectations of your attorney’s role throughout your divorce proceedings.
Know what you want
Before you begin contacting family law attorneys, consider what you want from the divorce process. For example, you may be interested in other alternatives to traditional litigation, especially if you and your spouse don’t have children or considerable finances. In this case, working with a mediator may be a better way to negotiate the terms of your divorce. However, if your mediations are complicated, you may want to consider working with a divorce lawyer that can negotiate a settlement on your behalf.
Identify potential attorneys
Not all lawyers are the same, so you don’t want to jump and hire the first one you meet with. You should interview with at least three attorneys before you make your final hiring decision. While every attorney you meet with should specialize in family law, your ideal attorney has the legal knowledge and experience to help you understand the process. Your attorney should also have experience handling cases in your specific court system.
Any divorce has the potential to be fraught with complicated issues and challenging emotions. However, spouses with family businesses, farms, ranches, and similar entities often face even more difficult conundrums, given that these are certainly not liquid assets and in many cases, owners may be reluctant to sell to split the profits. Itâs advisable to turn to a family lawyer serving Wichita for expert legal guidance regarding asset protection. If you work with a family lawyer prior to becoming married, you may be able to ensure that some of your assets will not be subject to division in a future divorce.
One of the ways your family lawyer might protect your assets is by establishing a domestic asset protection trust. This type of trust is commonly used in estate planning; however, it also protects against asset transfer to creditorsâincluding a future spouse. This entity is also a âself-settledâ trust, which means you can name yourself as the beneficiary. In the event of a future divorce, the assets within that trust are protected against division. However, laws regarding these trusts vary from state to state. You can consult an estate lawyer near you for personalized legal advice.
Protecting Your Business During Divorce
Individuals who own their own businesses tend to take a great deal of pride in them and to invest countless hours in their growth. Unfortunately, your ex-spouse could take a share in a divorce. As any family lawyer will advise you, getting a prenuptial agreement prior to the marriage is the best way to protect your business in the event of a future divorce. A family attorney located in Wichita can draft an ironclad prenuptial agreement, which can specify that your business and all of its assets are not to be considered shared marital property.
In the event that you’re already married and you did not consult a family lawyer to draft a prenuptial agreement, you do still have options for protecting your business during a divorce. Contact a family law expert with experience drafting postnuptial agreements. These documents are much like prenuptial agreements, except that they are entered into after marriage. The courts do not give postnuptial agreements as much weight as prenups; however, having one can improve your chances of retaining the assets of your business.