Divorce Attorney’s Role

The divorce attorney provides advice throughout the various stages of the divorce proceedings regardless of where the former couple has decided to withdraw, strike an early settlement, or if they end up in divorce court...

A divorce attorney helps his or her client through the process of the absolution from marriage whether the couple has been married one year or thirty, and whether they have children together or businesses in multiple states. A divorce concerns the amicable or court determined terms of separation of all communal properties under individual state law by a formerly married couple. Each party’s lawyers will inform him or her of the applicable state laws throughout each step of the process.

First, within some states there is a requirement to file for a legal separation to be carried out at least six months to a maximum of one year before a petition for divorce can be filed by either party. The proceedings can be assisted by a pre-nuptial agreement. However, this document is not always a part of the union, it can be contested, and an agreement can be reached without the presence of this document. The couple’s individual legal counselors will act as the liaisons for either husband or wife’s needs in order to facilitate the clear communication of all business, asset, spousal support, and custody concerns until a final settlement is reached.

The divorce attorney provides advice throughout the various stages of the divorce proceedings regardless of where the former couple has decided to withdraw, strike an early settlement, or if they end up in divorce court. Either party may initiate the divorce proceedings but there must also be a reason for the petition stated on the original document. Very early on in the process, a temporary divorce will be issued by the court presenting the legally binding status of the home(s), custody, and spousal support during the process. At this point the divorce attorneys will seek and conduct the divorce discoveries. This is when both parties get to state their right to particular assets or custody, and/or admit blame in the dissolution of the marriage.

Disclosures, interrogatories, admission of fact, request for production, and depositions are stages in the mediation process that helps to clarify all of the accounts, happenings, and itemizing of the marriage to be ended. These steps determine both parties’ final statements and evidence to the reasons for seeking release from the marriage and reasons for pursuing particular joint property . If one or both parties are dissatisfied with the mediation then the divorce attorneys will defend his or her client’s arguments in divorce court. A judge will hear and see all of the evidence expound during the mediation and declare all items split according to his or her judgment of how the cases are presented. After the judges decision, the final divorce documents will be signed and the decided upon document will be followed insofar as compromise and separation of property, accounts, and custody.

Now, whether the divorced couple should reunite is up to their ability to cooperate outside of mediation. However, the divorce attorney is there for every possible curve ball to work towards every possible compromise and victory.

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