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Situations where a divorce lawyer cannot help

  • Time:2018-01-05
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Situations where a divorce lawyer cannot help
(1)Emotional distress
 In some divorce cases, there is basically no controversy between parties, only emotional feelings against the other party, especially when one party thinks the other party hurt him or her without being compensated by property dispositions.  In this case, what a client need is a marriage counselor to guide the client to get over the hard times during such divorce procedure, not a lawyer.
(2)Excessive expectation
In some cases, the dispute between the two sides is not the division of property but the amount of compensation. Apart from the four circumstances stipulated in article 46 of the Marriage Law, which can provide mental distress compensation, situations such as extramarital affair cannot be compensated through legal procedures, let alone huge amounts of compensation expected by a party. Therefore, in this situation, a divorce lawyer may not be able to help in getting a huge amount of mental distress compensation.   
(3)Claims against the laws
In some cases, the legal relationship is very simple and it’s easy to tell how the judge will rule. For example, one party bought a house before marriage, paid in full, and the party then married the other party. a few years later, both parties sought for divorce and the other party was claiming the joint title, it is not really necessary to resort this to court as there are  no reasonable disputes over the dispassion of the house, the only thing the party need to do is to ask the ask party to check with some lawyers about whether the house shall be recognized as personal property, if the other party is not convinced that there is no true dispute at law and still expect the title of the property, the lawyer may not be helpful on that.

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