what does a lawyer do in divorce cases

Full Answer

What questions should you ask a divorce attorney?

• We match 50,000 consumers with lawyers every month.
• Our service is 100% free of charge.
• Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What are the requirements to become a divorce lawyer?

• Required Education. There is no specific undergraduate degree necessary for a career as a divorce lawyer. ...
• Licensure. Upon successful completion of law school and receipt of a Juris Doctor (J.D.) degree. ...
• Job Skills. Overall, prospective divorce lawyers must have excellent written and savvy oral communication skills.
• Occupational Statistics. ...

What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

More items...

Is a lawyer needed for a divorce?

If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce without the help of a lawyer. However, it is always advisable to at least have a lawyer look through your agreement in an uncontested divorce to make sure that your rights and interests are protected.

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

Why Hire an Attorney for Divorce Support?

Even if you and your soon-to-be ex-spouse are on great terms, the reality of the situation is that divorce requires you to look out for your own best interests.

Do I Need To Tell My Divorce Lawyer Everything?

When an attorney offers to provide legal representation to a client and the client accepts, an attorney-client relationship is formed. With very few exceptions, anything said in confidence between a client and an attorney cannot be repeated to or shared with anyone.

Is There an Advantage to Filing for Divorce First?

Ultimately, it does not matter which spouse files for divorce unless they filed for divorce and cited a specific fault or cause. California state law does not require a divorce petitioner to provide a specific fault or reason for seeking a divorce.

What Can You Not Do During Divorce?

It is not uncommon for people going through divorces to feel as if their lives are on hold until their divorce cases reach their conclusions. There are many things you should not do until after your divorce is finalized, including:

Is It Better to Have a Male or Female Legal Help?

While some people mistakenly believe that hiring a Pasadena divorce lawyer of one gender or the other is standard practice, the reality is that experience is more important when it comes to choosing your legal representative. It’s natural for men to feel more comfortable speaking about family legal issues with other men.

What is the role of a lawyer in a divorce?

What is the Main Role of Lawyers in Divorce Cases? A divorce attorney plays a big role in a divorce case. No matter what type of divorce you are opting for, you can choose the services of an attorney to get a divorce done. If you opt for not using the services of an attorney, you might end up getting undesired outcome of the case.

What does an attorney tell you about divorce?

The attorney will also tell you about the eligibility of the ground on which you want to take a divorce. Every state has the grounds for divorce defined by law. So this depends completely on the state in which you are taking the divorce.

What is the role of an attorney in a contested divorce?

In a contested divorce the role of attorney starts with filing the divorce papers and then representing their client in the court house. Generally contested divorce get strangled in litigation, so its the responsibility of the attorney to sort the case as soon as possible and get the desirable outcome of the case for their client.

How does a divorce attorney start the process?

Initiation of the process of divorce: The divorce attorney will start the process of divorce with filing summons and complaint in the family law court. These documents are legal documents that provides information to the person against whom divorce is filed. The respondent is then served with a notice of impending divorce.

What is contested divorce?

A contested divorce involves litigation, hearing and trials where as in an uncontested divorce there is no hearing or trial. The only discussion involved in an uncontested divorce is the settlement discussion. In both the divorce, a divorce lawyer represents the client.

What is preliminary investigation in divorce?

Preliminary Investigation: The role of divorce attorney starts with discussing the details and facts about the divorce case. The lawyer will then collect all the relevant information and discuss the chances of getting a favorable outcome of the case. The attorney will also tell you about the eligibility of the ground on which you want ...

What happens if you don't use an attorney?

If you opt for not using the services of an attorney, you might end up getting undesired outcome of the case. A divorce attorney is the person who provides legal advice and services to a client and is considered to have expertise in this field. The more experienced a divorce attorney is, the more ease he will possess in solving your case.

What Does a Family Lawyer Do in a Divorce Case?

You enter the Virginia Beach law office tentatively, nervous and unsure of what to expect. You shake a hand; you sit down, you spill your guts. The person you hope will become your lawyer listens, takes some notes, and explains the process.

Your Divorce: What to Expect

Right from the start, your lawyer will be busy doing things you can see, hear and touch. You can see results by the empirical evidence of files accumulating, forms you will fill out, and discussions you will have with your divorce attorney.

Call The Only Family Law Firm in Virginia Representing Men Only

One thing you can do for your divorce case is call 757-383-9184 to speak with a Virginia family law attorney at The Firm For Men. You can also contact us online, and we will be ready to work for you. We only accept Virginia men as clients, so we can work hard to protect your rights.

What should an attorney tell you about a case?

Throughout your case, your attorney should give you some sense of whether the law supports your position. No attorney worth her weight will guarantee you a victory, but a knowledgeable lawyer should be able to tell you whether there is a basis for your position and what is likely to happen if the case is tried.

Why can't my lawyer say when things will happen?

Maybe your lawyer can't say when things will happen because too much depends on what the other side wants; still, she should have a general idea of how the case will proceed from your side given any number of scenarios. One matrimonial lawyer tells us that clients often seek her out for a second opinion on their case.

How long does it take for a lawyer to call you back?

If the court hands down any decisions regarding your case, your lawyer should notify you at once. Your attorney should return your calls within 24 hours unless there's some reason why that's impossible—for instance, if she's in court or in the middle of a trial.

How long does it take for a lawyer to respond to a letter?

Copies of letters should be sent to you within 24 hours of the lawyer's receipt. He or she should notify you about important phone calls—those concerning settlement proposals, for instance—as soon as possible.

Do you need an expert to testify in custody?

Maybe custody will be an issue, and you'll need an expert to testify on your behalf. In some jurisdictions, the judge will appoint an expert to report to the court, but you still might need someone to support your case. Your lawyer should start getting you the names of qualified people.

Is law a science?

The practice of law is not a science, but it's not exactly an art either. There are certain things your attorney can and should be doing. For some guidelines, refer to the following list: Your lawyer should have an overall plan for your case.

Do matrimonial lawyers seek second opinions?

One matrimonial lawyer tells us that clients often seek her out for a second opinion on their case. The most frequent complaint: their case has no direction, they see no end in sight, and it seems like they're always responding to their spouse's action with no overriding plan of their own.

What is the Martindale-Nolo survey?

References in this article to survey results come from Martindale-Nolo Research's 2019 divorce study, which analyzed survey responses from readers who had recently gone through a divorce and had researched hiring a lawyer. The names of any readers quoted in this article have been changed to protect their privacy.

Why does divorce take so long?

There are several reasons divorces can take a long time, including the number and type of contested issues, combative spouses (or attorneys), the amount of time needed to gather evidence about things like complex finances or custody issues, and whether you go to trial.

How long does it take for an attorney to bill you?

Attorneys generally bill you (usually increments of six to 15 minutes ) for everything they do in connection with your case, including: every communication you have with them (whether by phone, text, or email), from quick status phone calls to dealing with your email about who gets the Instapot.

What do you do when your spouse is a lawyer?

communicating with your spouse’s attorney (or directly with your self-represented spouse) and anyone else involved in the case. reviewing documents and performing research. discovery (such as requesting documents or other information and conducting depositions) drafting settlement agreements.

Can a divorce judge order a spouse to pay for attorney fees?

Sharing Legal Fees in Divorces. In most states, family law judges may order one spouse to pay for part of the other spouse’s attorneys’ fees, especially when there’s a big difference in their incomes and one spouse needs the help in order to have an equal playing field.

Do divorce attorneys charge by the hour?

Divorce attorneys almost always charge by the hour, rather than a flat fee, because every divorce case is unique. Even if your situation looks similar on the surface to another couple’s (a two-income household with two kids and a home owned together), it doesn’t mean your case will turn out the same way.

Can an attorney predict how much work will take?

Because of this, attorneys can’t predict how much work your case will take. However, our survey results on total costs (discussed below) can give you a general idea of what other people paid their lawyers overall, and how certain factors affected those fees.