A divorce process is, indeed, one of the hardest processes in anyone's life. This isn't only because it entails a whole lot of paperwork but, also, because of the emotional turmoil it brings along. Most people find themselves feeling helpless, lost and, not knowing where to start from. This is exactly why, when going through such tough time, having an efficient divorce lawyer becomes crucial. I know that, from experience, as my own case shows how a good lawyer will help a person navigate through this chaos and give him/her a chance to have justice done as he/she begins a new life.
Divorce Attorneys' Responsibilities: What Do They Actually Do?
One would imagine that a divorce attorney's responsibilities entail only arguing in front of a judge, yet, that's only a part of it. The responsibilities that a divorce attorney holds are much wider than this.
Giving Advice and Guidance
Law Knowledge: The laws of divorce differ greatly depending on the state and the county. Your responsibilities and entitlements may be really confusing. However, a lawyer will definitely know all those laws and give you an easy-to-understand explanation of everything.
Planning the Course of Action: He or she will plan a realistic course of action taking into account all the specific aspects of your situation - is it a high asset divorce? Is there children involved? Or perhaps it is a simple uncontested divorce? In any case, he will work out how to divide your property, alimony and most importantly – how to deal with child custody and visitation.
Handling Paperwork and Procedures
Trust me when I say the volume of paperwork related to a divorce is overwhelming. Declarations, filings, motions, and decrees; these are many documents that require diligent and accurate handling. Missing something may prove to be very costly not only financially but in terms of time. Your lawyer will handle all of this for you, making sure that everything is completed and submitted timely.
Negotiation and Mediation
Most divorces do not have to go through a court process and are usually resolved through negotiations or mediation. Here's where an experienced divorce lawyer earns his keep. They will:
Advocate on Your Behalf: They will communicate with the attorney for the other side and make all the necessary negotiations on your behalf. They excel in finding ways to compromise and where you should not budge.
Maintain Objectivity: It's difficult to be objective when you feel deeply about something. Your lawyer acts as a buffer between you and your emotions, making sure that nothing stands in the way of practical conversation.
Litigation (When Necessary)
In the absence of an amicable solution from either negotiations or mediation, your case may be taken to court. This is the part when your lawyer becomes your litigator, presenting yourself zealously in front of a judge. He or she will provide evidence, call witnesses and argue on your behalf to ensure that your rights are safeguarded and your interests are met.
Why You Absolutely Cannot Afford to Represent Yourself
There are those who would like to save on costs by representing themselves in divorce cases. Yes, divorces cost a lot of money. However, I must advise you that this is one of the worst decisions you can make for yourself because the legalities, emotions and long term consequences far outweigh any financial gains you might get from trying.
You could unknowingly relinquish some of your rights, or receive a bad settlement of your marital property, but even worse you could jeopardize your child custody case which could affect your relationship with your children for years to come.
Choosing the Right Lawyer for Your Divorce
So you've found out that you need one. Now, how would you choose the right lawyer for your case? Well, this might not apply to everyone since each person will have different preferences when it comes to their lawyers. However, here are some things I think you should consider:
- Lawyer's Experience in Divorce: Choose one who specializes in family law and has dealt with lots of divorce cases before.
- Mode of Communication: Are you at ease discussing your case with him/her? Does he/she effectively communicate with you?
- His/Her Reputation: Recommendations from friends and family will definitely help. Plus, online reviews are a good way to check the lawyer's reputation.
- Fees: It wouldn't hurt to ask first about his/her fees. Find out more about how he/she charges and put it in writing. Don't be afraid to inquire.
- Your Level of Comfort: A divorce lawyer is somebody that you should be comfortable with.
Divorce Process: The Attorney's Function at Every Stage
Understanding the process makes things much easier to deal with. Read below how your attorney will advise and assist throughout this process:
Consultation
Here is where you get to tell your attorney your side of the story, and he gives his preliminary analysis. Bring your documents!
Petition and Service
Your attorney drafts and submits the necessary petitions, ensuring that the required papers reach your spouse. This initiates the divorce process.
Discovery Stage
Both parties provide information such as financials, property details, liabilities, among other things. Your attorney assists in the collection and review of the documents received from your spouse.
Negotiation and Resolution
Most divorce cases end here. Your attorney and your spouse's collaborate in drafting the Marital Settlement Agreement (MSA).
Mediation
In some cases, a mediator who is impartial may assist both you and your spouse to find mutual ground in your agreement. Your attorney will counsel you during this mediation process.
Trial (if Necessary)
When negotiation fails, your attorney will defend your case in court before a judge.
Final Decree
Once a settlement or judgment has been made, your lawyer will make sure that the final divorce decree is issued in writing, signed by both of you, and filed in court.
Costs Involved in Divorce Attorney Services
This is something I know a lot of people worry about. Attorney fees for divorce can be quite expensive depending on where you live, what experience the lawyer has and the kind of divorce you are going through. Usually lawyers charge per hour. They need a retainer before they begin working. You should ask about all possible expenses like court filing fees, expert witness fee if any, and administration costs. Sometimes lawyers may even have a set fee per service rendered especially for uncontested divorces.
The Emotion Aspect Beyond Legality
Although you are not expecting your divorce lawyer to serve as a counselor, a good one would be aware of the tremendous amount of emotion you are going through. Such a lawyer will be able to provide you with a source of strength and balance and will refer you to any counselors or support groups he or she deems fit for your situation. While he or she will be handling your legal aspects for you, you will be able to concentrate on your mental well-being and reconstruction of your life.
All in all, a divorce case is not something you can just rush through. Having a skilled divorce lawyer on your side will not only give you a fighting chance, it will protect your future and provide you with all the security needed to move on with a clear conscience. Your lawyer will make sure that all of your interests are represented and your voice heard during a time when you can barely find yours.