Divorce attorneys are passionate advocates for their clients. They provide legal information impartially and help clients negotiate an equitable agreement.
Collaborative divorce may also be available, which aims to minimize conflict and settle divorces without court involvement. Look for the lawyer whose approach best matches yours.
Legal Advice
Divorce attorneys must excel in several distinctive skills. First and foremost, they must listen attentively to their clients and help them articulate issues surrounding child custody, property division and alimony payments. Furthermore, they should understand state specific laws as well as provide creative solutions to any problems relating to divorce proceedings in their state.
They may provide alternative dispute resolution (ADR) services such as mediation and arbitration – which in some states is the only way for couples to resolve their differences without going to trial.
Divorce attorneys must also prepare documents for submission to the court as part of their job duties, to ensure all legal requirements are fulfilled. It is crucial that these documents are free from errors and any ambiguities are clarified; this is especially essential in cases involving requests for spousal support, property division or other major assets from a client.
Advocacy
A quality divorce lawyer will advocate on their client’s behalf in various ways, from providing accurate legal information and seeking a fair settlement in their divorce to working through issues like alimony, property division and custody arrangements as well as helping couples draft prenuptial agreements.
If a case goes to court, a divorce attorney will prepare and file all the legal paperwork on time. They can assist with financial disclosures, documenting property values and filing other essential legal documents.
Divorce lawyers offer invaluable assistance during mediation or trials, representing their client in court by presenting evidence, calling witnesses and making opening and closing statements. Furthermore, these professionals will likely have experience dealing with judges from your region; using this knowledge they may tailor their strategy. They’ll also guide you through all the various procedures involved with a divorce case, such as filing a complaint for divorce, serving a spouse with papers and responding to complaints against one.
Mediation
Mediation involves the involvement of an independent third party to facilitate agreement among disputants, often leading them to reach an amicable resolution that precludes or significantly shortens litigation costs and duration.
At mediation sessions, each side presents its case to the mediator for consideration and negotiation of an acceptable solution that meets both parties’ core interests. He may stress the weaknesses in each side’s case in order to encourage settlement discussions.
Skilled attorneys will assist in identifying and communicating your core interests, such as keeping your home or maintaining 50/50 custody of the children. Furthermore, they can explain your legal rights as they negotiate on your behalf in mediation sessions.
Mediations processes vary from case to case, from being held in one room all at once to multiple meetings known as caucuses. Mediations may also be court-ordered or voluntary and even preemptively conducted before filing a lawsuit.
Litigation
If you and your spouse cannot come to an agreement about child custody, property division or spousal support arrangements, divorce lawyers can represent your interests in court. They prepare legal paperwork on your behalf before attending hearings on behalf of their client where evidence and arguments will be presented, judge and opposing counsel questions answered and negotiations for an equitable resolution undertaken.
They can also suggest alternatives to litigation, like mediation and collaborative divorce; alternatively they might suggest separate maintenance as an alternative way of legal separation in Michigan instead of filing a full divorce action. When selecting an attorney, select someone whose expertise matches up with what issues are important to you as well as someone with an approach that feels comfortable for both of you.
Numerous attorneys offer consultation services at an hourly or flat fee rate; others have options that offer full representation or just limited tasks like reviewing documentation or filing an initial petition for divorce – this latter option often proves more cost-effective.
