When a marriage breaks down completely, it may be time to call in a divorce lawyer to make sure that the split is handled in the proper way. Many people opt to simply part ways, but this can quickly become complicated when it comes to both financial and personal matters. A divorce lawyer is a qualified third party who works to represent you in cases where a divorce is presented in frount of a court, and as part of their role you can expect a range of different services. So, what is the role of a divorce lawyer? Let’s take a look.
What Qualifications does a Divorce Lawyer need?
A lawyer who works to provide legal services relating to divorce will have had not only the necessary training, but will have also completed the proper course work and placements to complete a law degree. Practicing divorce lawyers should have relevant experience in the divorce court, too.
What will a Divorce Lawyer do first?
When you choose to employ a divorce lawyer, they will first meet with you will meet to discuss the both the details and the facts of your potential divorce case. They will work to gather as much relevant information as possible to assess whether or not your requirements will be successfully awarded in court. This means that they will inform you whether or not you have valid grounds for divorce.
Because every jurisdiction has a varying set of laws that define the grounds for divorce, the decision of the divorce lawyer may depend upon where you are applying for a divorce. A divorce lawyer will provide you with an outline of the standard divorce procedure for your area, and will specify any responsibilities that you may be asked of you throughout the divorce process.
The commencement of a divorce
Once you understand all of the processes involved when seeking a divorce, your divorce lawyer will then file a summons and a complaint to the correct court. Both the summons and complaint are necessary legal documents which are used to advise the person who you are asking for a divorce from. They work to give notice of the coming divorce proceedings. From here, the divorcee can seek legal advice, file a response, present any defenses they may have to the claim, and provide their own claims to be considered by the court.
What is the role of the Divorce Lawyer in Contested and Non-Contested Divorces and in Divorce Settlement?
Once a divorce has been filed, it may proceed in one of two ways; it will either be contested or uncontested. This means that your spouse may disagree or agree to your claim. In the event of a contested divorce, there may be a trial or a hearing to decide on the ruling of the case, whereas an uncontested divorce tends to not involve any judicial participation, instead involving a settlement discussion.
When it comes to divorce settlement, your divorce lawyer will always work on your behalf. A settlement agreement will be created to outline the rights and responsibilities of each person affected by the divorce and if there are any disagreements or disputes, a trial or hearing will occur.