Are you curious to know what divorce lawyers do? Here’s what you need to know.
A divorce lawyer can assist with matters related to separation, dissolution of marriage, parenting, child custody, and property disputes.
Divorce is a trying and emotionally draining time, as well as a legal process. It is essential to have legal advice to guide you through the process.
Rarely do people enter marriage or a relationship with the expectation that it will culminate in intractable conflict, perhaps even litigation, over the assets of the relationship, who the children should live with, and how and in what amount child support or spousal maintenance should be paid.
Navigating such complex legal issues, or even just determining where to begin, can be both daunting and risky.
For these reasons, it is crucial to seek the services of a specialist family or divorce lawyer who can guide you through the process step-by-step, provide advice tailored to your specific situation, and help you identify and protect your interests.
Let’s delve into understanding what a divorce lawyer does and the responsibilities associated with this role.
What Kinds Of Matters Can A Divorce Lawyer Help Me With?
A divorce lawyer can provide advice and assistance with a range of family law matters, from separation and dissolution of marriage (where a legal marriage ends) to parenting and property disputes.
The following are examples of matters that a divorce lawyer can help you with.
Divorce
A divorce lawyer can guide you through the process of applying for divorce.
Your lawyer will ensure that you meet the eligibility criteria to apply for a divorce (including, for instance, that your marriage has broken down irretrievably and that you have separated from your spouse for a minimum of 12 months), help you to gather all necessary supporting documents, prepare a sworn statement to accompany your application, and attend court with you if there is a divorce hearing.
Parenting Matters
Ideally, separating spouses will settle on arrangements regarding their children through mutual agreement.
A divorce lawyer can help negotiate an agreement by liaising with your ex-partner and/or their lawyer, or, if they have the necessary qualifications and training, by facilitating Family Dispute Resolution (a form of mediation).
Suppose an agreement as to who the children should live with and how often they should spend time with the other parent cannot be reached. In that case, a family lawyer can assist a party with applying for parenting orders (legally binding orders about the care and welfare of any children of the marriage).
Property Settlement
Identifying and dividing all matrimonial assets and debts can be a complex process, especially when one or both parties own property offshore or have debts that cannot be reasonably shared.
Child Support
A family lawyer can help you formulate a child support agreement, which is a written agreement that sets terms for when, how, by whom, and in what amount payments are to be made to the parent who assumes the role of primary caregiver following separation or divorce.
Importantly, a family law expert can discuss and determine, based on your circumstances, what sort of agreement is binding or limited is likely to be the best fit for you.
Spousal Maintenance
Suppose you are unable to support yourself financially in the wake of separation or divorce. In that case, a divorce lawyer can provide you with advice on accessing financial support from your former partner.
Conversely, a divorce lawyer can alert you to any potential obligation on your part to contribute spousal maintenance, based on your capacity to pay.
Domestic And Intimate Partner Violence
A divorce lawyer can give you peace of mind that you and your children will be free from harm arising from any actual or threatened domestic violence perpetrated by your former partner.
What Kind Of Assistance Does A Divorce Lawyer Provide?
As indicated above, a divorce lawyer can assist you with multiple matters in multiple ways. The role of a divorce lawyer is by no means limited to simply representing you in court, although advocacy is a fundamental aspect of their work.
A specialist divorce lawyer can expect to do the following concerning your matter:
- Review all relevant evidence and documentation at the outset to ensure a comprehensive understanding.
- Identify and clarify key issues to be resolved following applicable law.
- Act as an intermediary between you and your partner or your partner’s lawyer;
- Explore and explain your options, both in-court and out-of-court.
- Help you to negotiate and formalise an agreement that meets your needs.
When Should I Speak To A Divorce Lawyer?
It is a good idea to speak to a divorce lawyer:
Before or during marriage: Where you wish to be proactive and protect your interests in the event of relationship breakdown, for instance, by creating and entering into a binding financial agreement providing for the division of marital property upon separation or divorce.
During or after relationship breakdown: Where separation or divorce is the only option, and you need information or advice as to how best to protect your financial and non-financial interests.
Speaking to a specialist divorce lawyer early can save you time and money, and may mean avoiding the emotionally and financially taxing, time-consuming process of litigation.
A divorce lawyer can help you clarify all issues at the outset and set you on the quickest, least painful path to a resolution.
Alternative Dispute Resolution
Many divorces are resolved through alternative dispute resolution methods such as mediation or collaborative divorce. Divorce lawyers not only explain whether alternative dispute resolutions can work for your case, but can also play a key role in these processes by:
- Advising clients on the benefits and drawbacks of various dispute resolution methods
- Representing clients during mediation sessions
- Collaborating with other professionals (such as financial advisors or child specialists) in collaborative divorce proceedings
Ensuring that any agreements reached through these processes are fair and legally binding
Trial Representation
While most divorces are settled out of court, some cases do proceed to trial. In these situations, divorce lawyers are responsible for:
- Developing a trial strategy
- Preparing and examining witnesses
- Presenting evidence and arguments to the court
- Cross-examining the opposing party’s witnesses
- Making objections to inadmissible evidence or improper procedures
Attorney-Client Privilege & Divorce
Attorney-client privilege is a legal rule that protects the confidentiality of communication between a client and their attorney.
This privilege applies to all forms of communication, including verbal conversations, written correspondence, and electronic messages.
In divorce cases, attorney-client privilege is fundamental because:
It allows clients to share sensitive information about their marriage, finances, and personal lives without worrying about confidentiality.
It enables attorneys to provide the most accurate and practical legal advice based on a complete understanding of the client’s situation.
It promotes trust and open communication between the client and attorney, which is essential for developing an effective legal strategy.
For attorney-client privilege to be truly effective, clients must provide their lawyers with all relevant information about their case, even if that information seems embarrassing or potentially damaging.
Conclusion
In essence, divorce lawyers are legal professionals who guide their clients through the emotional and legal challenges of divorce, helping them achieve a fair and favorable outcome.
Be sure to be open with your lawyer so that you are on the safer side and, for sure, your case is in safe hands.
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