Duties of a Divorce Lawyer
A divorce attorney is the one people turn to to help them with the legal termination of their marriage. Both husband and wife will need to justify and validate their reasons for the divorce and why they no longer live together as husband and wife. The attorney will have the evidence to support his client’s claim. In cases where the marriage has broken down due to hostile motives, the divorce attorney will need to prove that the complaints made by his client are valid. This is especially true if they claim to have been assaulted by their spouse, the marriage was violent, child endangerment, or infidelity.
In addition to defending his client’s case in court, there are other duties that a divorce attorney has to perform before coming to court. These may include:
• Interview your client and get all the necessary information from them. A divorce attorney has to know the divorce case in detail and not be judgmental and completely biased towards his client. This is necessary to ensure that your client wins.
• Have to complete all the necessary paperwork and obtain supporting documentation to present in family court.
• Create a statement that sets forth all of your client’s testimonials, claims, arguments, and allegations.
• Formulate a draft or motion for evidence so that they can prove the arguments in the divorce case.
• Attend court sessions when called for the hearing date of the divorce case.
• Determine the ratio of how alimony or child support payments will be made and how the property will be divided. In a “fault” divorce, which is when either the husband or wife is at fault for the breakup of the marriage, the party at fault will not receive any payment from the other party or will have to pay more to the other party.
Having a divorce lawyer is usually necessary in a divorce by mutual mediation, which is when both parties have reached an agreement with the separation procedure. They also agreed to accept the terms and conditions related to child support and maintenance, property division, child care, and alimony payments. As a divorce attorney, it is your responsibility to inform your client of the different rights she has under the law and how you use her rights to further her case in court.
To become a divorce attorney, you will need to have a bachelor’s degree, graduate from law school with a Juris Doctorate, and then pass the bar exam and the LSAT.