Friday, September 26, 2014

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

By Karina Frost


When families split up there are numerous repercussions for everyone that is involved. The process is often epitomized by intense emotions. Yet it is necessary to make some very important decisions. With help from a divorce attorney in Herkimer NY it is possible to ensure that reasonable agreements are reached and that the process is managed impartially and fairly. Permanent separation has far reaching consequences and it is important to make sure that negative emotions do not cause lasting damage.

Many couples are convinced that they are protected due to the fact that they have entered into a prenuptial agreement. These agreements are indeed designed to protect the interests of both parties but if one or both the partners have breached the terms and conditions of the agreement it may be declared invalid. When hiring a lawyer this agreement should be presented immediately.

In most cases each partner hires his or her own lawyer. Negotiations are normally conducted between the lawyers and not between the partners involved. This can help to keep negative emotions and personal issues out of the proceedings. However, it is still the duty of the lawyer to follow the instructions of his client and to make sure that the interests of the client are served as best as is possible.

One of the biggest causes of conflict is the matter of custody. It is of paramount importance that the interests of the children are treated as the most important priority. Unfortunately many separating couples cannot agree about custody, visitation rights and ongoing financial support. In such cases the lawyers may recommend that a social worker is tasked to evaluate the situation and to report to the court.

Financial matters are also often the cause of conflict during separation negotiations. Many couples simply cannot agree on how to divide the assets between them, how to deal with debt and how to manage investments and insurance policies. In many cases one partner will have to pay ongoing maintenance to the other partner. When no agreement can be reached it is often necessary to sell the assets before dividing the proceeds.

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.

It can be very costly to hire two lawyers to represent the individual parties. There are alternatives, however. If the parties are civil with each other and agreeable to an amicable separation they can consider the services of a qualified mediator. In such cases a private agreement is reached and that agreement is then presented to a judge.

When marriages fail the parties concerned often indulge in harmful and negative behavior. This serves no purpose, however. It is best to approach the matter in an adult, level headed manner. This is especially important when there are children involved. Acrimonious separations can have a profound negative effect upon children. Responsible parents will assure their children that they are still treasured and that their interests will always be the top priority with both parents.




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