Friday, August 7, 2009

Why A Divorce Lawyer Is Necessary To Reaching A Divorce Settlement

By Donald McGowan

It is certainly regrettable when divorce has become a simple fact of life, as opposed to a surprising and irregular occurrence within today's society; if any of us have not had first-hand experience with divorce through family or other relations, you can bet that we will have a best friend that has been through one or watched their own parents go through the heart-breaking process of filing for a divorce.

Although the reasons behind the split can vary wildly, usually the process of divorce fairly straight-forward; however, there are always going to be anomalies, the cases that bag the headline for being utterly ludicrous in their out comings.

If you are seeking legal advice on an extraordinary divorce case or even in a normal one, then a Leeds divorce lawyer can offer excellent legal advice.

A contemporary example of an extraordinary divorce case would be the American man who is not only divorcing his wife, but is insisting that she return the kidney that he donated to save her life during their marriage. Dr Richard Batista decided on going public with his divorce hearings after an exhaustive process left him feeling helpless and as if he was not getting anywhere with the process of separation from his estranged wife.

He claimed that he was deeply ashamed and embarrassed about the entire affair and to make matters worse, had been denied access to his three children. He stated that 'There is no deeper pain that you can ever express than betrayal from somebody who you love and devoted your life to.' In a landmark case in divorce law and asset dividing, Dr Batista is demanding the value of the kidney that he donated to his wife back from her.

A lawyer for Mrs Batista, speaking to BBC news, stated that a donated organ is certainly not a marital asset to be divided and that, "The facts simply aren't as represented by Dr Batista. We will definitely be addressing the issues before the judge within the next few days."

Now, the cases in Leeds may not end up being quite so extraordinary to that of the Batistas' divorce proceedings, however, you may have a strange and peculiar element to your divorce proceedings that you may not think will be taken as seriously by a divorce lawyer than other, more regular cases would be.

A competent and serious divorce lawyer will review any divorce claim that is presented to them, and will assess whether your case has legs, i.e. is strong enough to be taken on only on merit, not on how peculiar the situation may be.

The very nature of an 'extraordinary' divorce case means that we cannot predict what it could be; however, no matter what it may be, you should always seek the best legal advice available to you for representation on your divorce proceedings. As is the case with the Batistas, you may be wanting more than your heart back from your loved one...!

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