This is the next post in my series explaining why Las Vegas residents should not quickly settle their divorce without meeting with a family law attorney. My last post explained why feeling guilty over an infidelity should not lead a spouse to give up the rights they are entitled to. In this article I will discuss why quickly settling one’s divorce, for the sole purpose of avoiding stress, can be harmful to a person in the long-run.
A Las Vegas divorce attorney will help determine when going to trial is one’s best interests
It is not secret that going to trial in a divorce case will expend a great amount of emotional energy. If you are not able to settle your divorce, and a trial is required, then you may be subject to personal questions from the opposing attorney. You will have to disclose all of your financial information. You may even have to produce documentation which discusses personal health issues. On top of having your privacy invaded you will be dealing with how to move on with your life as a single person and you will do so while mourning the end of your relationship. There is not a scenario in which a divorce trial is appealing. Unfortunately, however, there are times in which a trial is necessary.
In many instances a divorce trial can, and should, be avoided. It is generally in the interest of both parties to act rationally, to take the advice of a mediator, and for concessions to be made on both sides. However, this does not always happen; if your ex-partner refuses to agree to things which you are entitled to under the law then a trial may be necessary. These rights may include spousal support for a partner that stayed at home in order to raise children, rights to a part of a spouse’s military pension, rights to property, or certain child custody rights. If one partner has the attitude that they are going to take their former partner for “everything that they are worth” or are going to leave the other spouse with nothing, then one has no choice but to defend themselves in court. It may not always be clear if one should take the settlement the other party is offering, or if one should pursue a trial if necessary. A Las Vegas divorce lawyer will be able to analyze a southern Nevada resident’s case and help determine if one’s legal rights are being ignored in a proposed settlement.
Nevada spouses who settle their divorce in order to avoid emotional stress may regret the decision later in time
As I have previously mentioned, fighting one’s ex-partner in the Clark County Family Court is never a pleasant experience. It can be tempting to settle a divorce in order to “get it over” with. It is not unusual to reach an emotional state where one wishes to “give them whatever they want,” or begin to feel like “I don’t need their money.” In these situations it is important to remember that your marriage was a 50-50 partnership. Your divorce should respect this contract. When one gives up money, property, or custodial rights that they are entitled to out of frustration then there are often long-term consequences later down the line. One may realize that they have difficulty securing a loan because they have given up their right to property, that their relationship with their children have suffered because they gave up custody, or that they have difficulty making ends meat or saving for retirement because they gave up their right to spousal support. In sensitive and personal matters it is easy to let one’s pride or frustration take over and make important legal and financial decisions. It is the job of your lawyer, as an objective party, to help you navigate this difficult time and provide you advice that comes from a practical and legal perspective rather than an emotional one.
If you have filed for divorce and are feeling emotionally stressed then do not sign anything without first discussing settlement terms with an attorney. Contact our office today for more information.