It can be a good practice to suggest counseling to clients and see whether they are open to doing this or if there is no hope to rehabilitate the marriage.
It is generally not possible for outsiders to predict when a marriage is heading towards dissolution. This is even the case for experts, such as social workers and marriage therapists. The nature of a relationship is simply too complex for an outsider or divorce attorney to understand when a marriage is no longer viable. The result of this is that a divorce attorney should almost always consult their clients on the option of seeking therapy to make sure that that all options have been considered before proceeding with the legal work to end the legal ties that bind the couple.
There have been a number of studies done showing the difficulty in knowing whether a marriage is in need of therapy or whether both spouses should proceed with a divorce attorney. One study had a various types of relationship therapists watch a video of couples fighting. While some of these spouses went on to divorce, as a whole, the group of specialists in rehabilitating marriages had just a fifty percent chance of understanding which couples these were. Currently, one of the most accurate ways of predicting which marriage is truly headed for divorce is by doing brain scans.
Because a divorce attorney is not equipped with any ability to understand when a client is actually in need of legal services to end their marriage or if that person is simply seeking some advice, it is best to ask that client whether they have considered marriage therapy. Marriage therapy can be difficult to go to because it is sometimes thought that the parties’ relationship has been going bad for a number of years prior to seeking professional help. This means that the therapist must first put out ongoing conflicts before beginning to reconstruct the relationship.
Even with challenges in putting back a failing relationship, it is still worth a try because it may be possible to have whatever ailments to being happy with each other corrected so that the two spouses can remain married. While a divorce attorney does not get paid to give such advice, it is important that the lawyer make sure that their client’s interests are zealously represented. By at least questioning whether the marriage is at all salvageable, the lawyer is determining all and eliminating some possible options for how to pursue their client’s case.
A divorce attorney could assume, however, that it is for the client’s family and friends to offer such advice. The problem with this line of thought is that, much like the experts, friends and family can be caught by surprise that your client is seeking to end their marriage. In other words, they did not have sufficient time to help with exploring any possibilities to rehabilitate the marriage. Obviously, however, if the client makes very clear that the marriage has no hope, then at least the lawyer tried to salvage the marriage before beginning legal proceedings.
More Louisiana Divorce Lawyer Questions and Answers
If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
General Topics of Louisiana Divorce Attorney Law
This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.
Louisiana Community Property and Divorce Attorney Example: Greg and Gina
In Louisiana, property which a person possesses while married can be classified into one of two types: community property or separate property. This article provides an example of this.
