There is no better way of getting through divorce because all divorces are painful, they drain your energy, and at times divorce can result in regrets, resentment, or even anger. There are so many divorces happening around the globe; in 2019, the US 747,000 spouses divorced. Divorces can get complicated, especially when one spouse has issues; that’s why you will need a family lawyer or experience in divorce matters to help you during the divorce process.
Each spouse will be represented by their divorce attorney when handling a divorce. Every spouse will have their own needs and issues to be represented; the lawyer charges will vary. Here are the duties of a divorce lawyer
- 1 Duties of a Divorce Lawyer
- 2 Reason for Getting a Divorce Attorney
- 3 What to Consider Before Hiring a Divorce Attorney
- 4 Conclusion
Duties of a Divorce Lawyer
Protect Client’s Interest
The divorce attorney does their best to protect the client’s interest in financial and custody-related matters, but he will also have possible legal options. Your divorce attorney needs to review your documents and the entire situation, listen to the client’s needs and advise you according to your needs based on the information given. Only a tenth of divorce cases go through a trial; most are solved before the trial. When going on the trial, the divorce attorney goes through comprehensive preparation to present the evidence in court, look for witnesses, and present an opening and a closing statement. The divorce attorney comes up with a marital settlement and the legal agreement on how the spouses should handle the division of assets, child custody, and alimony.
Instead of going through an ugly court process, the divorce attorney acts as a mediator in negotiating the divorce and coming up with a harmonious resolution. The divorce is always cheaper and quicker than court hearings that can take even a year. Mediations work perfectly for couples with no children with few assets to divide.
Divorce is a process of dissolving divorce disputes outside the court which is speedier compared to court procedure. In arbitration, both parties present their case to the arbitrator they select. Then the arbitrator, after going through their case, decides on how to help. Most arbitrators are divorce lawyers or retired judges. The disadvantage of an arbitrator’s decision is you can not file for an appeal.
Reason for Getting a Divorce Attorney
You might not be decided if you need a divorce lawyer or not; here are the tips on why the divorce lawyer is so helpful:
The Divorce Lawyer will Advocate for You
Divorce comes with many mixed feelings, and you might feel drained at some point. You shouldn’t handle pain, disappointments, and everything by yourself; get a divorce lawyer, especially if you have a lot of assets or kids in common. When diving into the assets, each one should end up with half of everything; when you try to divorce DIY, you might not get what you are entitled to.
The divorce lawyer will fight for your interest to ensure you can share the assets equally. In the presence of your attorney, he will ensure the whole settlement is fair for you, especially if your spouse wants more than they should be granted.
You Will Get the Legal Advice that you Need
You might find your divorce agreement with jargon or clauses that you don’t understand; your divorce attorney will help you in that process to avoid making mistakes that might cause you a lot of loss or complicate the divorce process. Making mistakes could lead to delays in the divorce process; you should consult your attorney whenever you don’t understand anything written in the divorce agreement.
The attorney will also help you respond when your spouse makes particular demands; without an attorney, you cannot respond appropriately.
Protects Children Rights
When there are children in the middle, the divorce becomes more complicated. Most parents fight for children’s custody, and most custody battles end up in court. Before the court, which is to keep the children, the authorities keep children’s interests first. In most cases, both parents are involved in the children’s upbringing, but one ends up in sole custody, and the other parent gets visitation rights.
Other parents get joint custody where they get children during specific times. Most women get the custody of the children, but if your spouse is a danger to your children, you could get the sole custody of the children and restrict your spouse from getting access to the children. Since the court protects the children’s rights, your attorney can help you prove that the children’s best interest is away from your spouse.
Both parents should participate in providing for their children; that’s why you will pay for child support if you are not the primary custody. Your attorney will ensure you the amount you are to contribute does not exceed what you can afford.
Help in Communicating with your Spouse
Divorce creates tension between the couple, sometimes involving anger, betrayal, and bitterness. Emotions sometimes become a barrier to effective communication. Communication is essential during the divorce, and in the presence of your attorney, he can handle conversation professionally, which will mostly speed up the divorce process.
Have Someone on your Side
Divorce sometimes may make you feel like everyone is against you, so getting a lawyer will make you feel you have someone on your side. The divorce could be overwhelming, and if you need time to clear your emotion, the divorce attorney will be of great help. Let the divorce handle the divorce as you look for a job if you were not working.
A divorce lawyer will support, hear, advise and represent the case in your best interest and you will not feel alone.
With so many emotions running through your mind sometimes, it becomes hard to remain focused. Suppose your spouse wants to keep all the assets; they can make you believe you are entitled to nothing or to what you will be given since you were not working. A divorce attorney will negotiate for fair divisions of assets and fight for what should be legally yours.
Make Clear Decisions
Sometimes the divorce gets you off guard, and you don’t know the next step to take. Your attorney will guide you on what to do in such situations and come up with the best outcomes.
What to Consider Before Hiring a Divorce Attorney
When looking for a divorce attorney, there are things you need to consider
Expertise: look for an attorney specializing in divorces; if they are children involved, look for the one who handles child custody-related cases. An attorney with experience in divorce cases will know how the judges have ruled such cases in the past.
An attorney you can trust: divorce could be excruciating, so look for an attorney who makes you feel comfortable, handles you with respect, and is patient with you.
Although most people don’t consider having a divorce attorney necessary, it is. Handling the painful divorce yourself could lead to an unfair share of assets or losing custody of your children. Although some say it could be costly and lengthy, there are other options where the divorce attorney can help you make reasonable decisions, like arbitration and divorce mediation. To involve a divorce attorney, you don’t have to carry all the divorce weight on your shoulder.