Divorce attorneys offer legal representation and expert advice to clients going through the dissolution of their marriages. Their responsibilities include filing legal documents, negotiating with the opposing party or their divorce attorney, and representing clients in court. They also provide assistance with child custody and spousal support issues. Experienced divorce attorneys are knowledgeable in family law and procedural rules and stay current on any changes in the law that may impact their clients’ cases.
When hiring a divorce attorney, it is important to ask questions to make sure you hire the right lawyer for your situation. Below are some things to consider when interviewing potential candidates:
Preparation of Court Paperwork
When couples file for divorce, they must complete a variety of legal forms and files, including the complaint and supporting documents. These must be filed in the correct county and served on the other spouse within specific time limits. A divorce attorney can handle these tasks for their clients and ensure that all documents are filled out correctly to avoid any delays in the process.
Settlement Negotiation
Spouses often disagree on issues pertaining to their divorce, such as property division and alimony. A divorce attorney can negotiate a fair and equitable settlement on behalf of their client. They may also be called on to settle other disputes, such as those surrounding child custody and visitation rights.
If the parties cannot agree on a settlement, the case will proceed to mediation or trial. A divorce attorney will prepare for these proceedings by preparing exhibits, witness lists, and legal arguments. They may also retain expert witnesses to assist with complex financial or custody matters.
Child Custody and Visitation
If children are involved in a divorce, the issues become even more complicated. A divorce attorney can help their clients understand the different options for custody and visitation arrangements and work with them to develop a plan that will best meet their needs. They can also offer guidance to their clients on how to approach issues like domestic violence, drug addiction, or other factors that may complicate a custody dispute.
Legal Separation
In New York, a legal separation is an alternative to divorce that allows spouses to live separately without terminating their marriages. It is a common choice for couples who have religious or financial reasons against divorce. A divorce attorney can help their clients determine if legal separation is the right option for them, and they can assist with the process by drafting a comprehensive separation agreement.
Divorce is a lengthy and emotionally draining process. A divorce attorney can help their clients navigate the process as efficiently as possible and minimize the negative impact on their lives. By being open and honest with their attorneys, clients can make the process as smooth as possible for everyone involved. They should disclose all information pertaining to their case, both positive and negative, as it could impact the outcome of their settlement. If they withhold information from their attorneys, the other side’s attorney may uncover it during discovery and use it to their advantage in negotiations or at trial.