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How To Challenge An Unfair Divorce Settlement?

Posted by Matt McLaughlin | Jun 12, 2020 | 0 Comments

how to challenge an unfair divorce settlement

Drama-Free Divorce provides guidance on 'how to challenge an unfair divorce settlement.' Our innovative approach is tailored to provide solutions. Missouri and Kansas residents can take advantage of our tailored financing solutions starting at $500 per month. These give you flexibility in managing the costs associated with a divorce while our transparent pricing gives you peace of mind during this challenging time.

Our process is designed to reduce court appearances, relieving you of the stress and inconvenience associated with legal proceedings. Our team of lawyers is not only highly qualified but also compassionate - as we understand this is a crucial time in your life and you need professional support at this crucial moment.

Divorce can be difficult, and even more so when one suspects their spouse of taking unfair advantage. In this article, we'll look at how a spouse could gain an unfair advantage, how to handle an unfair settlement, and what role judges play in distributing assets equitably. We'll also discuss when and why hiring legal representation could benefit the situation. Our firm will introduce ourselves and outline how we can assist during this difficult period as well as practical tips that can help manage it successfully.

 

In What Ways Your Spouse Might Gain an Unfair Advantage in Divorce?

One spouse in a divorce may attempt to gain an unfair advantage by employing various tactics. Here are a few methods this could use.

  • Hiding Assets: Hiding assets is one of the primary strategies used to reduce marital estate and is one of the primary methods of reducing its size.
  • Manipulating Custody: Intentionally altering child custody arrangements to gain leverage during financial negotiations.
  • Draining Marital Funds: Spending marital funds recklessly so as to leave your spouse with fewer resources is one way of draining their resources and leaving him or her exposed financially.
  • Delay Tactic: Lengthening the divorce process so as to economically and emotionally drain one spouse during its course.
  • False Accusations: Making false allegations about the behavior of one spouse against the other to gain an advantage in custody or asset distribution decisions.

 

How can you handle an unfair divorce settlement?

There are ways to handle unjust settlements.

  • Maintain Your Calm: Emotions may run high during a divorce process, so maintaining composure at this time is of the utmost importance. Keep communication channels open and avoid making hasty decisions.
  • Document Everything: Keep comprehensive records of your financial transactions, assets, and communications with your spouse in order to present a strong case in court. This may prove invaluable when proving your case.
  • Consult an Attorney: Consult with a family law attorney for legal advice about your divorce proceedings and rights. They can help guide you through the system and clarify what they mean for you and your future.
  • Mediation: Consider mediation as a more cost-effective way of reaching an equitable resolution than going straight into court.

 

How Does A Judge Decide Who Gets What In A Divorce?

A judge may intervene if a couple cannot reach an agreement regarding their divorce. They take into consideration several factors when making their decisions, among them are:

  • Assets and Debts: The court will evaluate each spouse's contributions to the marriage as well as assets acquired during it, and allocate any debts accordingly.
  • Income and Earnings Potential: The judge will examine each spouse's income and earnings potential.
  • Custody: When children are involved, a judge must look out for their best interest and select a parent who can offer them a safe home environment.
  • Contributions to Marriage: The court will assess both parties' nonfinancial contributions to marriage, such as raising children or maintaining the home.
  • Health and Age: When making decisions, the judge will take into account both the spouse's physical and emotional well-being as well as age when making their ruling.

 

Why hiring a divorce attorney is better than going through the process without one?

Divorce can be an extremely complex legal process. Hiring an attorney could be your safer bet:

  • Legal Expertise: Consulting an experienced attorney is essential when going through the complicated legal aspects of divorce and ensuring your rights are safeguarded.
  • Negotiation Skills: Attorneys possess expert negotiation skills which can prove to be extremely helpful when seeking to reach an equitable settlement agreement.
  • Emotional Support: Divorce can be emotionally exhausting. Having an attorney as your ally and support can provide much-needed comfort during this challenging process.
  • Paperwork and Deadlines: Legal proceedings require extensive paperwork, with stringent deadlines. An attorney can handle this burden efficiently.
  • Objective Perspective: Lawyers provide objective perspectives to assist clients in making rational decisions during emotional times.

 

When should you hire an attorney?

There may be instances in which it would be wise to retain legal representation.

  • An Uncooperative Spouse: If your spouse is using aggressive or manipulative tactics against you, legal advice may be the way forward.
  • Complex Assets: Employing the services of an attorney with expertise in handling complex assets is crucial if you possess numerous assets, have complicated finances, or run a small business.
  • Child Custody Cases: Hiring a lawyer to protect your parental rights when there are disputes regarding child custody is highly advised when there are disputes between parents.
  • Safety Concerns: Should you have any safety worries related to yourself or your children, consulting an attorney would be recommended.

 

What are the criteria to find a competent lawyer?

Finding a quality attorney is paramount, so here are some key points to bear in mind when selecting one:

  • Experience: When hiring an attorney for divorce and family law cases, make sure they have extensive experience handling them.
  • Reputation: Read reviews and research the lawyer's track record to gain an idea of their reputation.
  • Communication: An attorney with strong communication skills should keep you up-to-date throughout the process.
  • Fees: Understanding the fee structure of your attorney and making sure it aligns with your budget are essential steps for success.
  • Compatibility: Cooperating effectively with your attorney is of utmost importance.
  • Ask for References: It is wise to reach out and establish contact with past clients to determine their level of satisfaction with your work.

 

Why Choose Drama-Free Divorce?

At Drama-Free Divorce, we understand that divorce can be a complex process. That's why our dedicated family lawyers have years of experience helping our clients to navigate it successfully. Additionally, our open and effective communication ensures you stay informed and actively involved with your case.

Our transparent fee structure has been tailored to fit within your budget. At Drama-Free Divorce, we recognize the value of creating an enduring client-attorney partnership and customize our approach based on each situation we encounter.

 

Suggestions for Action

  • As soon as you suspect an unfair settlement, consult an experienced divorce lawyer immediately.
  • Document all your financial transactions, assets, and communications with your spouse.
  • Mediation can provide an efficient method of reaching an amicable resolution outside the courtroom.
  • Begin your search for an attorney by looking for experienced and reputable attorneys.
  • Consult with attorneys to assess which ones would be the most suited for your case.

No longer do you have to face the difficulties of divorce alone - instead, you enlist professional help in reaching an equitable resolution with ease and making a smooth transition into the next phase of your life. Contact us today at 816 615-5555 or send us an email on our Contact Page.

About the Author

Matt McLaughlin

A Kansas City native, Matt focuses exclusively on family law, and prides himself on using his experience in the courtroom to provide professional yet compassionate representation.  Matt is licensed to practice law in Missouri and Kansas. After attending college at Graceland University in Lamoni,...

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