Divorce can be a complicated and emotionally charged process, and many people find themselves wondering whether they need to hire a divorce attorney to help them navigate it. If you’re considering a divorce or have already made the decision to file, it’s important to understand what a divorce attorney does and how they can help you achieve your desired outcome. In this article, we’ll explore the responsibilities of a divorce attorney and the benefits of hiring one, providing you a clearer understanding of what a divorce attorney can do for you and why they’re an important resource during the divorce process.
What is a Divorce Attorney?
A divorce attorney is a licensed legal professional who represents clients that are going through or will go through the divorce process in the court system. Divorce attorneys are knowledgeable about family law, divorce procedures, and the legal process of dissolving a marriage. They can provide guidance, support, and legal representation before, during, and after the divorce process.
Why Would Someone Hire a Divorce Attorney?
There are several reasons why someone might choose to hire a divorce attorney. Here are a few of the benefits of hiring a divorce attorney:
- Legal expertise: Divorce attorneys are knowledgeable about family law and divorce procedures, and they can help clients navigate the legal system and achieve their desired outcome.
- Emotional support: Divorce can be a difficult and emotional process. Though they are not a replacement for friends, family, and/or professional mental health services, divorce attorneys can provide support and guidance to help clients through this challenging time.
- Advocacy: Divorce attorneys provide clients with someone who will advocate for their position and rights during the divorce process.
- Objectivity: Divorce attorneys can provide an objective perspective on the situation and help clients make informed decisions about their case.
How Does the Divorce Process Work?
The divorce process can vary depending on the specific situation and location. However, here is a general overview of the divorce process:
- Filing for divorce: One spouse files a divorce petition with the court.
- Serving papers: The other spouse is served with the divorce papers.
- Negotiating settlements: The spouses negotiate the terms of the divorce settlement.
- Finalizing the settlement: The settlement is finalized and signed by both parties.
- Going to trial (if necessary): If the divorce is contested and all issues cannot be resolved at mediation, the case may go to trial.
The above is an extremely generalized and limited example of a divorce proceeding.
Common Issues in Divorce Proceedings
One of the most common issues that arise during divorce proceedings is the division of assets. This can include property, investments, and other assets that were acquired during the marriage. Depending on the state where the divorce is taking place, assets may be divided equally or equitably, which means that they may not necessarily be divided 50/50. Alimony or spousal support may also be a contentious issue, especially if one spouse earns significantly more than the other. Child custody and support can also be a major source of conflict during divorce proceedings. Divorcing parents that want to settle their case without going through the rigors of a trial will need to work with their attorneys to develop a parenting plan that outlines custody arrangements, parenting time, and support payments. These issues can be emotionally charged and complex, which is why it’s important to work with an experienced divorce attorney who can guide you through the process and protect your interests.