Suppose you have decided to end your marriage in Kentucky. In that case, it is essential to know your rights and the best assets you can have to approach this situation with confidence. Divorce is never easy, even when the separating spouses are respectful of one another and agreeable to the proposed terms of their dissolution. However, you can make your Kentucky dissolution much easier by working with a reliable matrimonial attorney and knowing the other assets you may want to have on your side for this challenging process.
Your Legal Counsel Is Your Best Asset
You may wonder if you need to hire an attorney to represent you in your dssolution, especially if you and your spouse reached a mutual decision to end your marriage and are at least moderately agreeable concerning the terms of your divorce. It’s essential to understand the benefits of legal representation in Kentucky, especially if you want to protect your interests in the long term. It is also vital to hire a lawyer to represent you if your spouse has secured their own legal counsel. If they have a lawyer and you do not, this puts you at a significant disadvantage in settlement negotiations or litigation.
An experienced Kentucky matrimonial attorney can review the details of your situation and help you make more informed choices about your legal options for your dissolution. In addition, if you plan to take advantage of alternative dispute resolution like mediation, you will need an attorney to represent you in your negotiations, and you can also have them act as your proxy if you prefer to avoid face-to-face negotiation with your soon-to-be ex-spouse.
A dissolution is much more than simply ending your marriage contract; it is also a legal process of dividing the marital assets that you and your spouse control and establishing separate property ownership rights over those assets. Property division is likely to be one of the most contentious issues in any dissolution, even when spouses reach the mutual decision to end their marriage. Your attorney can assist you with the financial disclosure process to ensure your records are complete and accurate. If you suspect your spouse has hidden assets or has otherwise failed to be honest in their own financial disclosure, you can rely on your attorney to coordinate an expert witness review of your records from a forensic accountant or another financial professional.
Alternative Dispute Resolution Offers Undeniable Advantages
If you are unsure of the best available approach to your dissolution, it is vital to know your options for alternative dispute resolution. When most people imagine ending their marriage, they think of an emotionally charged court battle, but the reality is that many modern couples who choose to dissolution of marriage handle this process through alternative dispute resolution, namely mediation.
Mediation’s only requirement is that both spouses must be willing to engage in the process. If one spouse demands a trial, the case must proceed to court, and a judge will have the final say on every aspect. When both spouses are open to the idea of mediation, the process unfolds under the guidance of a neutral mediator. This mediator may not hold any conflicts of interest favoring either spouse, and they cannot provide either spouse with any legal counsel.
The mediator’s job is to guide mediation discussions and keep conversations focused. They can clarify general information regarding Kentucky legal statutes, but they cannot directly counsel either spouse. This is another reason legal representation is so critical in any dissolution of marriage. Even when spouses are willing to negotiate in mediation, they must each have their own legal counsel to make the most informed decisions they possibly can about the outcome.
Handling Emotional Tension in a Kentucky Divorce
It’s common for divorce cases to stem from deep personal issues between the spouses, such as infidelity, substance abuse, gambling addiction, and various other traumatic elements. In these situations, it can be incredibly difficult for either of the spouses to imagine having civil negotiations in mediation, but the reality is that alternative dispute resolution offers the best possible outcomes in most divorce cases.
Even if you and your spouse seem to be utterly incapable of any civil discussions, mediation is still possible with the help of an experienced Kentucky matrimonial lawyer. In addition, you can have your attorney manage negotiations on your behalf if you do not want to have any in-person negotiations with your spouse. While your mediation process will likely take longer, this option provides a middle ground of avoiding personal interaction while still taking advantage of the practical benefits that mediation offers.
When you need to proceed to litigation to finalize your Kentucky dissolution of marriage, your attorney can prepare you for each session and help you understand the elements in play during each phase of the process. Ideally, you should cover as much as you can before proceeding to litigation. Hence, the court phase of your dissolution is essentially a final review and approval of your divorce order. However, if you must turn to a Kentucky judge to rule on any outstanding elements of your case, it is best to have a skilled matrimonial attorney on your side throughout this process.
Find Legal Counsel as Soon as Possible
If you know you are heading into a difficult dissolution of marriage in Kentucky, legal representation you can trust is the most vital asset to have on your side as you approach this complicated process. You can rely on your lawyer to provide comprehensive and compassionate legal counsel through every phase of your case, whether it entails alternative dispute resolution sessions, extensive litigation in Kentucky, or a combination of both.
When you are ready to secure legal counsel for your dissolution of marriage in Kentucky, take time to develop a list of the criteria you believe would constitute the best possible attorney for your case. Then, contact a skilled matrimonial lawyer as soon as you have decided to end your marriage so you can start developing an effective strategy for streamlining your case.
