Most married people would love to spend their lives together. However, marriages do not always work, and sometimes divorce is the best option for both parties. If you are contemplating on getting a divorce, your first course of action should be to get a divorce lawyer. The main work of the divorce lawyer is to guide you and represent your interests in court to ensure that you get a fair ruling. Below are some other ways that the divorce lawyer will help you;
Determining the legality of the divorce.
You must meet the minimum requirements set by the state for the court to grant you a divorce. For instance, in Australia, you must prove that the marriage has broken down in a way that it is difficult for you to get back together with your spouse. If you are married for less than two years, you must have a counselling certificate.
Much of the work of the divorce lawyer pertains filing paperwork and representing you in court. Besides, the lawyer will conduct investigations to ensure that the other party does not surprise him or her in court. The lawyer will also assess if you require experts to prove certain arguments in court.
Managing your expectations.
Most people have a take-it-all mentality when they decide to divorce. A divorce lawyer will evaluate your case and give you a realistic outcome of the proceedings. Some people choose to forfeit the divorce proceedings and work on their relationship at this stage.
Some behaviours could drastically affect the divorce outcome. For instance;
- Personal behaviour such as drug abuse or violence could show that you are irresponsible and incapable of taking care of your children.
- Financial misconduct such as attempts to transfer property without your spouse's knowledge or gambling of your finances could also affect the court's ruling.
- Litigation misconduct such as ignoring the court's orders, deliberately misleading the court, or failing to attend court proceedings could make the judge rule in your spouse's favour.
If both you and your spouse have agreed to have a divorce, it would be more feasible to draw up an agreement instead of going through the court process. Such a divorce is known as an uncontested divorce. In such cases, you still need your lawyer to negotiate on your behalf and draw up paperwork reflecting what you and your partner have agreed to.
The work of a divorce lawyer includes determining the legality of the divorce, court work, conducting negotiations, and managing the client's expectations and behaviour.