You might think asking what exactly a divorce attorney does is a ridiculous question. After all, the job title is pretty self-explanatory: He handles divorces. In reality, this legal mind plays several different roles during the process of working with a couple who are trying to dissolve their marriage or who are considering it.
Before filing any paperwork, the attorney often sits down with the person seeking the dissolution and discusses the facts and details of the case, as well as their goals. While gathering general information to see if there is a reasonable chance of obtaining a successful divorce, the lawyer will also try to determine if there are sufficient grounds to even seek a dissolution of the marriage. Also during this first meeting, the attorney will describe and explain how the procedure works, and let the client know what he or she is responsible for doing to make sure everything runs smoothly. If there is cause to file for separation, the attorney will file two legal documents: a Summons to let the other party know that court proceedings have been filed and filed, and a Complaint that tells the spouse on what basis the divorce is filed. Once the initial documents are filed, the spouse has the right to file a response to the claims, as well as any vital information in defense of it, or may file counterclaims against their spouse.
There are two types of divorce that can be pursued. A “contested” proceeding means that one party does not agree to the separation or has a problem with the reason it is being sought. Uncontested means that both parties agree that the separation should go ahead and decide how to divide the property and resolve alimony and, if children are involved, child support and custody issues. If the action is being contested by either party, a trial will usually take place. Prior to this, the lawyer will collect information related to the case, such as financial records, proof of behavior that may have caused or contributed to the dissolution of the marriage, personal history and, in cases involving children, parenting issues. After collecting the information and analyzing it, the attorney meets with his client to recommend negotiation targets and discuss possible outcomes. If the negotiations are unsuccessful, the lawyer and her client will appear before the judge on the appointed date.
If neither party disputes the dissolution of the marriage, the attorney will still collect financial and personal information from their respective clients to determine how the settlement agreement should work, in order to fairly divide any assets and property that may have been acquired during the marriage. marriage. Issues related to custody of minor children, as well as support payments, will also be discussed and resolved in the negotiation phase of the process. Visiting hours would also be established at this point.
Finally, the divorce lawyer is responsible for preparing all the documents necessary to carry out the specifications of the decision. These would include documents to transfer accounts from one spouse to the other; documents related to custody, support and visitation payments, and items related to property, such as mortgages, titles, or deeds.