Ask Lawyers in Hackensack, NJ: The False Mindset of a Do-Over Divorce
The scenario is common: Your spouse or partner has an attorney in the divorce or family law matter and you do not. Your soon to be ex-spouse or ex-partner makes a simple proposition: His or her attorney will draw up some papers to resolve the divorce or family law issue quickly. There is usually an enticement that “you will not have to take time off of work or go to court if we sign” and presumably finalize the divorce or family law issue.
The non-lawyered spouse or partner in these circumstances often opts not to get a lawyer. The reason behind the decision involves considerations of time and money. Some individuals are so averse to conflict, that they will sign any document, without reading it at times, simply to avoid a confrontation. The appeal of saying “I’m divorced” or “I have visitation with my kids” is attractive. However, if the papers contain errors or terms that you are not aware of, you may be locked in to whatever it was you agreed to when you signed the papers.
When signing papers drawn by an attorney that you did not hire or consult with, you may have the false mindset that even if you don’t agree with the terms, you can address it later with your ex-spouse or ex-partner or even go back to court to ask the judge for help if you can not agree to the change. Many individuals believe their ex-spouse or partner will be just as considerate with them when they want to make a change. Unsurprisingly, getting a do-over divorce or family law matter is nearly impossible.
While there is something to be said for the prompt resolution of a divorce or family law matter, attorneys’ fees, depending on the type of legal issue, may be the least expensive cost associated with a divorce or family law issue in the long run.
Getting a divorce or breaking up with a partner is not like dumping a girlfriend or boyfriend. Strings are attached. The strings are financial and may involve children and pets, and shared homes. As long as these strings bind you and an ex-spouse or ex-partner, you will be interacting continually about issues related to money, children, or pets.
To modify a court order as to custody or support, whether in a divorce of family law matter, the petitioning party must prove a change of circumstances of a substantial and continuing basis. Advancing the argument that the original papers were incorrect or drawn by you ex’s lawyer will be rejected by the court.
In the most extreme of examples, if for instance the family law matter involves custody and you consent to custody of your child and you later find out through DNA testing that the child is not yours biologically, you will still be required to pay child support and share custody with the child. Even though the genetic test is proof of a change in circumstance, if you waived your right to conduct a paternity test and acknowledged custody of the child, the court will not undo your decision.
Contact a Divorce Attorney in Hackensack, NJ to Review Your Family Court Documents
It is vital that you make sure everything about your divorce and family law matter is fair and correct from the start. You are at a disadvantage when your former spouse or partner has lawyered up and you have not. Do-overs are impossible except for the most exceptional of cases. If your spouse or partner has given you papers to sign to finalize a divorce or family law matter, seek the advice and counsel of a divorce attorney in Hackensack, NJ.
Contact the divorce attorney in Hackensack, NJ at the Giro Law Firm to schedule a confidential consultation today. Helping residents of Hackensack, NJ with all of their divorce and family law needs, the divorce lawyer in Hackensack, NJ is available at every step of your divorce or family law matter to represent your legal interest.
The Giro Law Firm provides legal services in a variety of divorce and family law matters, including contested divorces, prenuptial agreements, paternity testing, parental rights, adoption, spousal support, and civil union agreements. To request a consultation with an divorce or family law lawyer in Hackensack, NJ call (201) 690-1642.