A divorce attorney is a lawyer who represents his client in a divorce action in court and handles various activities in court. Generally, the best divorce attorney who provides legal guidance holds expertise in this realm and such type of experience comes from training, specialized courses and hands-on experience. A divorce attorney needs to possess a law degree and licensed by the jurisdiction in which he needs to practice as an attorney.
Importance of hiring a divorce attorney
In the beginning, a divorce attorney meets with his client to discuss on the facts and details of a potential divorce case. Then the attorney gathers all the information and assesses the likelihood as how to achieve the goal of the client. In addition to this, the attorney determines on whether there are valid reasons behind the divorce. In different jurisdiction, different laws specify the grounds for divorce and this depends upon the state where the divorce is sought.Moreover, the attorney gives an outline on the procedure of the divorce and specifies other responsibilities to the client. Even celebrity divorces need attorneys.
After the client seeks to pursue a divorce, the attorney will file a summons and a complaint in the court. The complaint and summons are the legal documents that advise a person as against whom a divorce is sought as the basis of the divorce. The documents give notice of the impending divorce and after these documents are received by a person seeking a divorce, then only he can file a response answering the claims and by presenting any defences to the claims and provide any other own claims against spouse.
There are two ways for the action of a divorce to take place after filing complaint and summon in a court. The divorce can be contested or non-contested. In contested divorce, one of the parties does not agree to the claims whereas in non-contested, both the parties agree to the divorce. A trial or court hearing takes place in contested divorce while in an uncontested, there is no need of any judicial involvement as a settlement discussion resolves the case. But in both types of cases, a divorce attorney represents the client.
If the spouse can resolve the dispute among them then the child support attorney gathers all personal and financial information related to spouse and settle other disputes related to division of assets, custody issues, child support issues and spousal support. A settlement agreement drafted by the divorce attorney describes the responsibilities and rights of each spouse. If the spouse does not agree on the settlement then a trial or court hearing takes place and a divorce attorney represents the case at the trial or hearing.