What is the Main Role of Lawyers in Divorce Cases?

by sarahwood on October 9, 2012

A divorce attorney plays a big role in a divorce case. No matter what type of divorce you are opting for, you can choose the services of an attorney to get a divorce done. If you opt for not using the services of an attorney, you might end up getting undesired outcome of the case. A divorce attorney is the person who provides legal advice and services to a client and is considered to have expertise in this field. The more experienced a divorce attorney is, the more ease he will possess in solving your case. This experience can be acquired through hands on work on divorce cases, training and various specialized courses. Divorce lawyers posses a law degree and are licensed to work as an attorney by the jurisdiction where the lawyer practices.

The role of divorce attorney differs with the types of divorce. If you are filing for an uncontested divorce, then the services of a divorce attorney is limited to filing the divorce papers and representing their clients during the court hearing. However, this is not the scenario with a contested divorce. In a contested divorce the role of attorney starts with filing the divorce papers and then representing their client in the court house. Generally contested divorce get strangled in litigation, so its the responsibility of the attorney to sort the case as soon as possible and get the desirable outcome of the case for their client.

Given below is the role of a lawyer in a divorce case:

  1. Preliminary Investigation: The role of divorce attorney starts with discussing the details and facts about the divorce case. The lawyer will then collect all the relevant information and discuss the chances of getting a favorable outcome of the case. The attorney will also tell you about the eligibility of the ground on which you want to take a divorce. Every state has the grounds for divorce defined by law. So this depends completely on the state in which you are taking the divorce. The divorce attorney will give you a rough idea about the divorce procedure and will also inform you of any particular responsibilities that you need to handle.
  2. Initiation of the process of divorce: The divorce attorney will start the process of divorce with filing summons and complaint in the family law court. These documents are legal documents that provides information to the person against whom divorce is filed. The respondent is then served with a notice of impending divorce. Once the respondent receives the document, they can choose to file a response in the court against or in support of it.
  3. Role of a divorce attorney in a contested divorce and uncontested divorce: The role of divorce attorney differs in contested and uncontested divorce. A contested divorce involves litigation, hearing and trials where as in an uncontested divorce there is no hearing or trial. The only discussion involved in an uncontested divorce is the settlement discussion. In both the divorce, a divorce lawyer represents the client.

About Author:

I am Sarah Wood. I work as a divorce lawyer and like to help people in getting information about divorce. Connect with me on Google+ if you want to have any more information.

sarahwood
I am a divorce lawyer by profession and help people by providing some relevant information about divorce.
sarahwood

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