The Role of the Divorce Lawyer in Matrimonial Cases

Divorce Lawyer

Divorce has been a topic of common concern these days. If we look at it in a minute, it’s not as easy as it seems. Proper laws and legislation should be followed to get a divorce right; otherwise, it will affect your entire life.

No matter what sort of divorce you want, you should choose the law firm to get a divorce done. If you chose not to use the services of a lawyer, you can end up with the undesired result of the situation. A divorce lawyer is a person who gives legal support and consultation to a client and is known to have experience in this area.

The more qualified a divorce lawyer is, the easier it will be to resolve your case. This expertise can be obtained by hands-on practice on divorce cases, research and several advanced courses. Divorce attorneys have a law degree and are licenced to work as a lawyer per jurisdiction where the prosecutor works.

The purpose of the divorce lawyer varies from the form of divorce. When you apply for an undisputed divorce, the services of a divorce attorney are limited to filing the divorce documents and assisting their clients at the court proceeding. This is not, though, the situation of the disputed divorce. In the disputed divorce, the task of the council begins with the filing of court documents and then the presence of the client in the courtroom.

Generally challenged divorce is strangled in arbitration, so the solicitor must sort the matter as quickly as possible and to secure the desired resolution of the case for the plaintiff.

Here lies the role of a divorce lawyer who is a specialist in dealing with these problems.

  1. Preliminary investigations:

The work of divorce attorney begins by explaining the specifics and specifics of the divorce case. The prosecutor will then gather all the necessary facts and address the likelihood of a successful resolution of the lawsuit. Each state has a legal definition of the conditions for divorce.

So, this depends entirely on the state in which you get divorced. The divorce lawyer will give a better idea of the divorce process and will also notify you of any special guidelines that you need to take care of.

  1. Initiation of the divorce process

The divorce attorney will begin the divorce proceedings with a request and a petition to the family law court. These documents are official contracts to provide evidence to the individual to whom the divorce has been filed. The applicant is then presented with a note of immediate divorce. Once the applicant receives the paper, they can opt to file a reply in court against or in favour of the application.

  1. Settlement of the case

When the divorce counsel examines why the case is going in the wrong direction and is upsetting the feelings of his client, he should meet the partner and the other lawyer involved in the case to make the process simpler. A successful divorce attorney should speak and negotiate the matter so that a deal can be reached in the courts to spare his client from an uncomfortable situation that can arise in the court.

  1. Flexible

An attorney should be versatile enough to treat these matters carefully. When the moment arrives in the courtroom where he thinks like the prosecution is going in the opposite direction, he should be swift enough to present new facts to change the case in his client’s favour.

  1. Responsibilities and duties

A divorce lawyer must perform those tasks to make his client happy. They concentrate on topics such as child custody, shelter and make the situation smoother for their customer.

A divorce lawyer would devote a lot of his time preparing court records, his client’s tax form, medical expenses, commercial property bills to argue the argument seamless so that his client may not have to face any issues in the divorce process. A divorce lawyer must also provide advice on the settlement on the favour of his client.

  1. The role of the divorce lawyer in the disputed divorce and undisputed divorce:

The position of the divorce attorney varies in the disputed and undisputed divorce. The disputed divorce includes lawsuits, hearings and proceedings where, unlike with the case of an undisputed divorce, there is no hearing or trial. The only negotiation present in an undisputed divorce is a mediation discussion. In all cases of divorce, a divorce lawyer advises the party.

 

About Author: Divorce lawyers in Stuart martin county are all well respected for their services. They are professionally experienced people who can support you navigate the divorce proceedings. Crary Buchanan, Divorce lawyers, strives to become a partner of his client’s so that he can go deep into the case to give a satisfying outcome. So, don’t wait to contact divorce attorneys in the Stuart martin county to get the right divorce lawyer you’re looking for.

Can the spouses use the same lawyer during their divorce?

lawyer

You are aware of the fact that divorce involves a lot of money and being one of the important decisions of your life you cannot afford to go wrong with your consulting and preparation as it is the matter of paperwork and documentation. Well, in that case, you generally get the thought of hiring the same lawyer in order to save money. Whether it be family law lawyers or divorce lawyers you think about having the same. Nevertheless, the answer is a pretty clear NO, you cannot hire a mutual lawyer.

First, to finalize your divorce, you’ll need to make decisions based on these five things:

  1. Don’t let anger force you to divorce,
  2. Share your desire to divorce someone you truly trust,
  3. Don’t give up on your marriage until you have done everything you can to fix your problems,
  4. Don’t get involved with anyone else,
  5. Don’t leave an unhappy relationship until you can comfortably take care of yourself.

When you’re sure you want to get the divorce, then you can hire your own lawyer. Here are the reasons for not using the same lawyer for your divorce:

  • The first is quite evident, whenever you hire an attorney you hire it for your work. The attorney is hired specifically to represent you in front of the jury and only for your beneficiary.
  • Professionally it is strictly prohibited for any attorney to take the case from both the parties no matter if they have mutual consent either, the attorney is not allowed at all to take it.
  • The ethics and rules do not all allow any professional to indulge with the clients of the same conflicting interest. As they cannot provide the legal advice as there is no vision for them to take it further in whose interest, and naturally they will prefer doing it for the one who might offer them an extra amount than the other.
  • However, if you and your spouse willingly agree on most of the aspects involved in your divorce you can opt for the mediation. Well, the mediation not necessarily needs to be an attorney. Rather than choosing two different attorneys, you can go for the mediator, however, consulting a mediator who is an attorney is recommendable. As his/her unbiased guidance can help you with the process of the agreeable divorce agreement.
  • Mediator services don’t involve judgment, so his/her work is to get your mutual grounds on paper which is much better than doing it by yourself. Choosing an attorney-mediator can help you out on legal grounds as they are familiar with all the paperwork and process to get a divorce through the agreeable divorce agreement.
  • But if you acquire much knowledge and detailing you need not hire a mediator all you can do is hire an attorney who can complete all your paperwork and you just need to sign the documents and let the attorney represent them in front of the jury, that sounds much easier now! and the attorney will just represent the points on behalf of the one who hired him/her.

Let’s understand the role of mediation with a neutral attorney:

  • They help out the spouses to understand the law.
  • They help out the spouses for all sorts of documentation such as filling out the forms and exchange financial disclosures.
  • They can also help you out to highlight the main issues for you to get the divorce.
  • They help out to generate the agreement with all the clauses and contract points that discussed with mutual consent.
  • They draft the settlement agreement and working on details.

Conclusion

Hiring a single attorney-mediator is a better option as the couple can save money related to the divorce process. But make sure you have the knowledge about all your legal rights, or it can turn out to be costly and unaffordable. Make sure you have all the required knowledge about the agreement you are going have through the mediator or else can lead you into trouble and you don’t want to end things on a bitter note. I wish you all the luck that prevails!

 

 

About Author: At The Law Offices of Kyle R. Puro Our attorney is considered amongst the  Long Beach Family Law Attorneys , with her prime focus areas being Family Law including Divorce, Child Custody and Paternity Modifications.  We highly passionate about her cases and understands her clients’ requirements with patience to come up with the most apt solution to embark on their journey to another chapter in their life.

7 Steps To Choosing The RIGHT Divorce Lawyer

Divorce Lawyer

All divorce Lawyers are not the same. Make sure you find YOUR perfect fit!

It’s difficult to know where to turn when you’re faced with divorce. Few of us have had any prior experience with the legal in’s and out’s associated with this difficult process. In my divorce coaching practice, I’ve heard too many stories of time and money wasted as clients go through lawyer after lawyer trying to find the right one. And yet finding the right divorce lawyer is key to what could be a faster, less expensive divorce versus a long-drawn out emotional and financial nightmare. But if you don’t know what to look for in a divorce lawyer, how do you know you’re investing all of your money, hopes and dreams in the right person?

Follow these 7 steps to find the divorce attorney that’s the right fit for you!

1. Be Realistic

Firstly, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. Your divorce attorney’s job is to represent you to the best of their ability in this process. While you might want them to listen to your anger, frustration, pain and sadness, that is not their job. They are not trained to be your therapist or coach and they don’t want to be. Since your attorney has higher rates and the clock is always running, it is a gross misuse of your money if this is how you are using them. And divorce attorneys have seen it all. What seems immensely important to you might barely register for them within the scope of the legal process. So, be realistic about the role of your divorce attorney and what you can expect from them.

2. Stay Focused On The Goal

Your ultimate goal in this process is to get divorced … and hopefully, you can do so without any major depreciation of your lifestyle. Don’t let your emotions jump in and run rampant when it comes to negotiating over material things that don’t mean much to you in the big picture. If you do, your divorce will be longer, more litigious and definitely more expensive than otherwise. Is it worth it? No. So keep your focus on getting divorced as quickly, and with as little financial damage, as possible. So, the next question is: what kind of divorce will do that for me?

3. Know What You Want

Before you rush out to hire a divorce attorney, consider other alternatives to traditional litigation. If you aren’t completely entangled with children and finances, you could hire a mediator to help you negotiate the terms of your divorce. Mediation is the fastest, cheapest way to get divorced and you might not need to hire an attorney at all! If your negotiation is more complicated, you will have to hire a divorce lawyer to negotiate a settlement with your spouse’s attorney. Or you could consider a collaborative divorce. A collaborative divorce is focused on negotiation with the goal of preserving a co-parenting relationship. Your last resort is a litigated trial. Typically, these are the cases when neither side will compromise. So, you need to determine what type of divorce attorney you need based on your unique circumstances. Realize that any divorce attorney you talk to will try to steer you in the direction of their own specific expertise. It is up to you to know what you want first, so you can make the right choice.

4. Identify At Least Three Potential Attorneys

Don’t jump to hire the first lawyer you meet. They are not all the same. Find at least three divorce attorneys that you can interview before making your decision. Clearly, you need to hire a lawyer that specializes in family law – and one that is experienced in the specific type of divorce you think is best for you. The ideal attorney has the legal knowledge and experience you need, helps you understand the process, communicates and negotiates well, solves problems creatively and is experienced in your specific court system. So, you need one that is local to you. Regardless of whether or not your divorce is headed to trial, your attorney needs to be experienced with the family law judges in your jurisdiction, so that he/she can advise you appropriately on legal strategy. So, how do you find potential attorneys? Ask you friends for personal recommendations. Ask your trust or estate lawyer for divorce attorney recommendations. Go online to the numerous websites that provide client reviews of attorneys local to you.

5. Interview And Research Potential Attorneys

Start with an initial phone call. Ask them about their experience and specialization within family law. Ask them about what type of client they typically represent. Ask them about their rates. Most divorce lawyers charge an hourly fee and require a retainer, a fee charged in advance. Some lawyers will also negotiate fees based on anticipated settlements. Don’t waste your time (or theirs) on a meeting if they are out of your cost range. Most divorce attorneys provide a free consult to discuss your specific situation and what their legal approach would be. So, take advantage of it to gather as much legal advice as possible! Typically, the attorney you meet with will not be handling the day-to-day issues related to your case. So, ask to meet the colleague or associate that would. The divorce process can also include financial experts, parenting coordinators, coach facilitators and forensic appraisers (to name a few). Find out your attorney’s access to these resources and if any would be relevant to your case (as it will affect overall cost). And even if you have no intention of heading to trial, look at the attorney’s trial record and history of success in court. This track record is an indicator of your attorney’s success in negotiation.

6. Look For Red Flags!

Unfortunately, many attorneys will tell you what you want to hear just to close the deal. While this is your life, it is a business for them. There are no guarantees in this process, so if an attorney is making promises, don’t believe it. If an attorney talks about high-profile clients or divulges confidential information based on other cases, it is highly likely they will do the same to you. If they aren’t respectful of other divorce attorneys you are interviewing, it is a sign that they won’t be to you either. And if during your consult, they are constantly distracted by phone calls and emails and can’t focus their sole attention on you, they likely won’t during your divorce case. Make sure the lawyer you choose acts according to the professional ethics of the industry and treats you with the respect and attention you deserve. This might be their business, but it is your life!

7. Make Your Choice

The divorce attorney you choose to represent you is local, professional, knowledgeable, responsive and communicates well. This attorney is someone you trust and feel comfortable with. This attorney supports your basic philosophy toward divorce and has a style that works for you. This attorney recognizes the importance of your children and puts them first in the legal process by not making unreasonable child support demands or custody arrangements. This attorney is affordable. Divorce is a highly personal and emotional process, the outcome of which can have a significant impact on your life. This is an important decision and there are no guarantees in this process. However, if you follow these steps, you will find the right one – the one that listens to what you want, advises you well and has your best interest at heart.

Use coaching to make better decisions in your divorce, achieve better outcomes and lower the cost. Contact me for your free, 60-minute confidential consultation.