Unless the parties have been married for a few short years, have no children, and make approximately the same amount of income, there are latent minefields that need to be identified and addressed.
Or perhaps you bought your ex-spouse’s share of the community property business which you built up together, but did you remember to write in a non-competition clause that would prevent your Ex from “stealing” your clients?
Dealing with custody, child support, spousal support, and asset/debt division smartly is important. If there are children, the outcome generally will affect your loved ones and your finances for years to come if not for your entire life. Finances permitting, you should retain a competent and seasoned attorney. A competent attorney will identify all the hidden issues and the hidden landmines and help address them with you.
Retain an attorney early so keep your family law matters on track and avoid your case spinning out of control.
The attorney should be able to give you a global perspective on your case and where you are in the process. But the key is to use the attorney wisely.
DO use your attorney for legal advice and strategic purposes; DON’T use your attorney as a therapist or as a friend/confidante. Most attorneys charge by the minute, and you do not want to use up a retainer discussing your feelings about the divorce.
One of the best uses of a competent attorney is to try to settle the matter early in the case. A seasoned attorney will know or should know roughly how a “normal” case will be decided by the family law judge.
After the parties have exchanged Preliminary Declarations of Disclosures (PDODs) and possibly conducted limited formal or informal discovery (seeking additional information) a party should be able to send a settlement proposal to the other parties.
