Divorce Attorney Responsibilities

A divorce attorney is a legal representative who represents an individual who wishes to be separated from the person whom he or she is legally married to. An individual is bound by the laws of the country when he or she marries someone and files it accordingly with the government. The marriage document is filed in a government agency registry. In order to proceed with the divorce the person should hire a lawyer who specializes in it. There are also other aspects of this decision which will have to be decided when the time is right. These include, but are not limited to, alimony, custody and support of any children born from the marriage, distribution of the assets and properties of both spouses and the division of debt, if there is any.

Responsibilities

Initially, the lawyer who is hired by one of the spouses should get the details of why there is this kind of decision from his client. In many countries that allow this form of separation, there has to be a basis for it and both parties need to be available for a consultation before it can be granted. The attorney who handles the case should be prepared to set up and attend meetings between both parties in order to have an agreement regarding the divorce. In these meetings, the other party will also have a legal representative. The professionals will advise their clients about the possible outcome and consequences of their options. Custody of children or any other living animal belonging to the couple will also be discussed during these times. Support may also be part of the discussion. The legal representative of either of the spouses will most likely be the ones to discuss the details of what their client wants and then negotiate it. Division and distribution of properties and assets is also part of the agenda in these meetings.

If no agreement is reached, the divorce attorney and his client will have to push through with a hearing in order for a judge to hear their case. When this happens, the lawyer is obliged to start the paperwork for the proceedings. These will be field in the court and initial hearings and pleadings will commence as soon as they are scheduled. Representation by the lawyer is to be expected as well as arguments regarding what the client prefers. Everything that has not been agreed will be brought up such as child custody, child support, properties and liabilities and many others. It is also the responsibility of the attorney to guide his client regarding what are reasonable demands and which agreements are good already. In case of a prenuptial agreement, it should stand in court as long as the conditions are not violated. There are instances when it can be contested but these are not as often as the client would like.

The above mentioned are several of the responsibilities of a divorce attorney. Many more may arise especially if they are agreed on by the client and the lawyer as something that he should do during his term of hire.