what is the purpose of a divorce attorney?

by Landen Feil 6 min read

The duties of a divorce lawyer vary depending on the specifics of the case. In general, however, an attorney is responsible for helping the client throughout the process, from the first meeting, to settling matters after the divorce is finalized.

A divorce lawyer protects the rights of their client, along with handling the related custody and financial aspects of the divorce. Importantly, a divorce lawyer will also explain the law and your available legal options. The attorney should review your situation and its related documents.

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What questions should you ask a divorce attorney?

Oct 27, 2015 · A divorce lawyer is an attorney that specializes in family law, and has experience in issues of divorce, child custody and visitation, child support, and spousal support. Many individuals embroiled in a family law matter wonder whether they should retain the services of a divorce lawyer, and even whether it is required.

What are the requirements to become a divorce lawyer?

Dec 15, 2021 · Divorce, or "dissolution of marriage," is the legal termination of the marital relationship. The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody.

How do you become a divorce lawyer?

Sep 17, 2015 · The purpose of a consultation is just that – to make sure we are a good fit, and that I’ll be able to help you with your case. And that you’d be able to feel comfortable with the representation. I always recommend that you consult with a few attorneys to make sure you make a good choice for yourself and for your case and for your family.

How to hire a divorce lawyer?

The purpose of a divorce is to terminate the parties’ marriage. In order to do that the parties and the court must decide how to handle the questions of custody and placement of the minor children and how to divide the property and debts of the parties.

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What are the issues in divorce?

At its most basic, a divorce is a legal process by which two parties terminate their legal and financial relationship. But each divorce is unique and most involve disputes over things like child custody or division of property. Here are the main issues a divorce attorney deals with (see also, Checklist: Issues to Discuss with Your Divorce Attorney ): 1 Division of Property: All property acquired by either spouse after the marriage date is considered "marital property" and is subject to equitable division. See FindLaw's Guide to Divorce and Property Division (PDF) to learn more. 2 Alimony: Alimony, or spousal support, is monthly payment made by one spouse to another in accordance to either a settlement agreement or court order. Alimony is meant to correct for any unfair economic effects of a divorce. See FindLaw's Guide to Spousal Support (PDF) to learn more. 3 Child Support: Child support is a monthly payment made by the noncustodial parent to the custodial parent to be spent on the child's needs. See FindLaw's Guide to Getting Child Support (PDF) to learn more. 4 Child Custody: When a family splits up, the parents and the court must decide what is best for the minor children, including where they will live and how decisions are made. This is often the most difficult part of the divorce proceedings. See FindLaw's Guide to Child Custody (PDF) for more information.

What is alimony in divorce?

Alimony: Alimony, or spousal support, is monthly payment made by one spouse to another in accordance to either a settlement agreement or court order. Alimony is meant to correct for any unfair economic effects of a divorce. See FindLaw's Guide to Spousal Support (PDF) to learn more.

What is custody rights?

Custody: Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child's welfare, or physical, which means that the child lives with and is raised by you.

Is property divided after marriage?

Division of Property: All property acquired by either spouse after the marriage date is considered "marital property" and is subject to equitable division. See FindLaw's Guide to Divorce and Property Division (PDF) to learn more.

Who handles divorce?

The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody. While it's important to hire a lawyer who is skilled at your economic and other interests in a divorce, it is crucial to find an attorney ...

What is the purpose of divorce?

The purpose of a divorce is to terminate the parties’ marriage. In order to do that the parties and the court must decide how to handle the questions of custody and placement of the minor children and how to divide the property and debts of the parties. State laws presume each party is entitled to one half of the marital property ...

What is no fault divorce?

No-fault divorce law gives either party the freedom to sue for divorce with only the claim of “irreconcilable differences.”. Born of these laws was the concept of unilateral divorce: either partner feeling the urge to end the marriage could do so and was free to leave.

What is non marital property?

Non-marital property would be property inherited by one of the parties or given to just one of the parties by a third person and, if it has been kept separate it will remain with that person after the divorce.

Can a court order spousal support?

Depending on the length of the marriage, the age and health of the parties and each parties' ability to earn an income and maintain the marital standard of living, the court may order spousal support paid by one spouse to the other. This is a different question from child support.

Is property brought into marriage marital?

Property brought in to the marriage is still marital although depending on the length of the marriage and the nature of the property the court can decide to award it back to the party who had it before the marriage.

Who is Cathy Meyer?

Cathy Meyer. University of Florida. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. our editorial process.

Can you represent yourself in court?

Individuals are always allowed to represent themselves in a court action. If you do, you will be referred to as a “pro se litigant.”. However, if there are any serious questions involving the children, property, debts or spousal support, it is better to have the assistance of an attorney.

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