What is a divorce lawyer? A brief guide. When two people get married, they tie themselves together for their entire life. However, the being together forever concept got lost in the modern world. Disagreements, conflicts, and many issues often lead to painful separation and divorce.
A divorce is emotionally and mentally distressing. However, if you have made up your mind to end your marriage finally; you have to undergo a legal process legally terminate the marriage.
Here, a divorce lawyer comes into the frame.
‘Divorce lawyer,’ as the name suggests, deals mainly with divorce and separation cases.
However, it is better to get a thorough knowledge of who a divorce lawyer is and whether or not hiring a divorce attorney makes sense in your case.
Let’s take an in-depth look at who divorce lawyer is and what they do.
What is a divorce lawyer?
‘Divorce lawyer,’ we can ascertain from the name that a divorce lawyer handles divorce cases. However, their scope of work is not limited to divorce only.
Usually, it involves several issues like child custody, alimony or spousal support, and property distribution. Here a divorce lawyer becomes the most important person in getting the most favorable outcome out of your divorce.
A divorce lawyer is a legal practitioner qualified to advise people on family law and represent them in court.
A divorce lawyer aims to protect their client’s interests and ensure they achieve a fair and reasonable outcome in their divorce proceeding.
Even when a marriage’s legal requirements are not properly fulfilled, like all the paperwork or a proper ceremony is not done, a divorce lawyer can advise you whether you should go for a divorce or annulment.
What does a divorce lawyer do?
A divorce involves various issues, such as spousal support and asset distribution, and the situation becomes quite complicated when a child is involved. Thus, a divorce lawyer not only helps their client in getting a divorce or separation decree but also protects their interests and ensures the most favorable outcome in their case.
Let’s look at the most common tasks a divorce lawyer performs.
- Explaining the options:
There are two recognized ways to get a divorce:
- Fault-based divorce
- No-fault divorce
Many states have adopted a no-fault divorce policy that requires the parties to seek a divorce based on irreconcilable differences. However, many states have a fault and no-fault divorce policy.
Your attorney will explain all available options and remedies under the legal framework. Your lawyer will explain; whether you should go for a fault-based or no-fault divorce and whether a trial or negotiation is best for you. Divorce attorney also helps their clients understand the complexity of their issue.
A Divorce lawyer can also explain whether annulling the marriage is preferable to get a divorce when legal requirements in marriage are not met.
- Representing their clients in court:
The primary function of a divorce attorney is to represent and advocate for their clients in court. Divorce lawyers generally encourage negotiation, as this is the cheapest and quickest process. But if the matter requires trial, your attorney will help you litigate your case.
- Negotiating a settlement:
A divorce lawyer facilitates the divorce negotiation to help the parties come to a resolution. Negotiation is an alternative dispute resolution method that encourages out-of-court settlement. It is a faster and cheaper method than a trial. Thus, your lawyer can negotiate terms on your behalf and ensure the most favorable outcome.
- Doing all the documentation work:
Divorce is a complex process that requires a lot of paperwork, filing forms, affidavits, and submitting them to the proper court. Your divorce lawyer will look after all the drafting and documentation work, especially your marriage settlement agreement which includes all the terms and conditions concerning spousal support, child custody, and estate distribution.
- Helping with child custody and parenting plan:
A divorce process takes a complicated turn when the child’s interest is involved. A divorce lawyer helps their clients with child custody and support, prepares a parenting plan that works for the parents, and addresses the child’s needs.
- Spousal support or alimony:
Spousal support or alimony gets granted to a spouse who is economically weak and unable to maintain themselves. A divorce lawyer determines whether a spouse is entitled to spousal support or may be required to pay it. They help their clients to get the most benefit out of their divorce.
- Dealing with Property distribution and other financial matters:
A divorce lawyer can explain property is treated concerning a divorce. A lawyer explains whether a property is a separate or community property that is liable to get distribution equally.
A property that each spouse owned separately before or after marriage is their separate property. On the other hand, community property is any property; that a couple has acquired during the marriage.
Divorce lawyer helps their clients assess the property, collect records and locate assets and liabilities that one party does not hide property that their client is unaware of. They ensure a fair or equitable distribution of assets to protect their client’s interests.
- Advising their clients:
A divorce lawyer provides the best advice in the interest of their client, considering all the circumstances and issues involved in their client’s case. After listing your side of the story and the issues involved in the case, a divorce lawyer will provide you with the best advice to resolve your issue.
Wrapping up: What is a divorce lawyer?
Divorce without a divorce lawyer may make sense when parties can amicably decide to part ways. But it can be highly disadvantageous if the case involves a child and complicated property matters. Thus, it is necessary to approach a divorce lawyer in such cases.
Besides, divorce is an emotionally disturbing process that requires delicate and empathetic skills besides legal knowledge.
Find a lawyer who can address your problem with complete understanding and empathy and provide the best advice in your best interest. With whom you feel comfortable. They are in a better position to advise you than any lawyer focusing on getting a decent amount.
External resource: Wikipedia
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