The Most Difficult Strategies Facing A Divorce Lawyer

Divorce is a hard time in any former couple's life. As soon-to-be single individuals, they often seek separate attorneys to help them settle their prenuptial agreement, property divisions and child custody-related negotiations. Although the former couple still may have their emotions tied up in the dissolution of the marriage, the children will always be their binding link. Thus, negotiation for custody can often be the last exercise of peace or control.

The most challenging topic a divorce lawyer faces is the child custody dispute that he or she will have to confront with a client. Sometimes it is possible to share custody when both parties remain in the same town. Then, there are times when one person is leaving the city, the state or the country altogether. There are also times when the two parties will remain in the same city, but both want full custody, and this is where the battle begins. The divorce lawyer is looked to for his or her expertise in negotiation, investigation and rhetoric in order to preserve his or her client's right to full custody. Sometimes these pursuits are for the best interest of the child because of past abuse claims against that parent. In other situations, one parent just doesn't want that other parent to have an influence over the child because of a criminal past. Then there are cases when the custody battle is blatantly born out of sheer spite, and it is the responsibility of the attorneys to see through all of it and pursue a balance of the best outcome for their clients' wishes with the future comfort of the children.

Child custody can also become an issue for a divorce lawyer when the parent who is awarded primary custody asks the attorney to pursue an exorbitant amount of child support. This is particularly jarring and difficult to substantiate at times when the attorney's client earns a significant income as a doctor, lawyer, athlete, entertainer or entrepreneur. Yet, some less-than-stellar attorneys have been known to encourage clients and pursue motions in court that tarnish the reputation of their clients before the judge and the opposing attorney. This will only negatively impact future proceedings, such as the pursuit of child support or the custody ruling itself. This is why it is always important to find an attorney who calms, clarifies and supports his or her clients. The legal representative should not support or lead the proceedings solely for the sake of chasing retribution of any kind. A divorce is hard enough without animosity, especially when there are children involved.