Duties of a Divorce Lawyer
Your divorce lawyer's job includes explaining the way the divorce laws of your state apply to your particular situation, and advising you of your rights and to what you are entitled under those laws. You hire your divorce lawyer to guide you across the unfamiliar terrain that leads to divorce, and to represent your best interests during negotiations with your spouse's attorney. Your divorce attorney has done his job when he negotiates a satisfactory divorce settlement for you in the shortest amount of time.
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First Meeting
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After you provide your divorce attorney with a synopsis of your situation and convey to her your reasons for seeking a divorce, your lawyer usually shares some pre-divorce wisdom with you. She may advise you on matters related to money, bank accounts, credit cards, marital possessions, whether or not you should move out of the marital home, child custody concerns, and address other apprehensions you may have. She may offer some reassurance about what to expect as you go through the divorce process. She might also give you the names of professional therapists should you or your children need to talk to someone.
Discovery Process
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If you initiate the divorce, your attorney prepares a formal Divorce Complaint and a Summons to serve on your spouse and to file with the court. If your spouse initiates the divorce proceedings, your attorney, with your input, responds to the complaint.
In order to gain a better understanding of your case, he reviews the financial, insurance, pension, business and real estate documents you provided, as well as copies of your tax returns.
Your attorney may also prepare orders for temporary visitation and custody arrangements, as well as motions relating to child and spousal support. If your divorce attorney needs more answers or documentation from your spouse than the current information provides, he may serve your spouse with interrogatories and requests for production of documents. -
Settlement or Trial
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When you call, write or email your lawyer, you should receive a timely response from her. She should send you copies of all relevant information and correspondence that she receives from your spouse's lawyer, other parties associated with your case, and the court, as well as copies of all documents that she files with the court on your behalf. Your lawyer should keep you informed of new developments in your case as they arise, including those involving distribution of assets and child custody decisions, and she should notify you if your spouse, through his attorney, extends a settlement offer. When the time arrives to solidify the terms of settlement, your lawyer, using your input, drafts a final settlement agreement for your review and approval.
Additional Assistance
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As your case progresses, the need for an expert's opinion may arise when determining child custody arrangements, property appraisals or business valuations; your attorney may recommend particular professionals for those purposes.
Your lawyer typically accompanies you to any court-appointed conferences, hearings and depositions, including child support and spousal support conferences, business valuations and, if your case does not settle, trial. In the event your case goes to trial, your attorney might help you prepare by presenting possible scenarios that may arise in court. He might also advise you how to dress for trial as well as what to expect on the stand during cross examination.
Considerations
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To save time and to economize, you might consider performing some of the labor-intensive tasks associated with your case, if possible. For instance, before handing your lawyer or her paralegal bundles of papers, receipts, tax returns, or other important documents, sort, organize and label them.
Provide as many discovery answers as you are able to supply, and draw up a list of marital assets.
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References
Resources
- Photo Credit Umair Ashfaq, neverfeltbetter, Lain, Muir Angeal, atrialbyjuryforme--Flickr.com
