The Role Played By A Good Divorce Lawyer
Once you have taken the painful decision to seek the help of law against the person
who was your beloved husband or wife just a few years ago, you cannot afford to make mistakes. With law, you need to be precise and cannot afford to have any flows in your actions. To create such a flawless case against a person who knows all your abilities and disabilities, you must retain an expert on divorce low. That is a divorce lawyer.
There are two ways you can settle a divorce case.
You can have an uncontested divorce in which you come to an amicable settlement with your spouse.
The contested divorce case in which there is disagreement between two spouses on different issues such as the amount paid as compensation, custody of children and possession of the dwelling house etc.
In an uncontested divorce procedure the part played by the divorce lawyer is only the preparation of necessary legal documents. Since all other issues are amicably settled between the two spouses, it is a case of making the agreed settlement legal to avoid any future turmoil in case one or both spouses change their minds on the decisions they have taken. Once the mutually agreed solution is legalized, no such questions will arise at a later stage.
In an uncontested Divorce, only one party will hire a divorce lawyer who will explain all the details of the solution to the other party before taking the signatures of both parties. The signed documents are then legalized to end the case.
In case of a contested divorce the role played by the divorce lawyer is very much more important. Here he has to make a lot of legal documents and talk to the other party on behalf of his or her client and do a lot more work than in case of an uncontested divorce.
This type of a lawsuit consists of four stages.
Making preliminary arrangements
Fact finding
Designing the compensation package
Legal action
The preliminary work involves meetings between the divorce lawyer and the client to obtain all the details about the marriage, the necessary papers including bank statements, deeds, tax returns and so on which are needed for the filing of the case. After collecting such details the divorce lawyer will prepare the petition that is required for the dissolution of marriage and will hand over the same to the other party.
In the second stage, the divorce lawyer will find as much details of the other party to prepare for the case. He will also get the opinion of the opposite party on issues such as possession of children and the possession of home and things. In the third stage your lawyer will talk to the other party regarding a possible out of court settlement. In most cases such consultations end up by finding a solution without going to courts. This will avoid unnecessary expenditure for both parties and also prevent undue publicity to the case.
Only when a just solution acceptable to both parties cannot be found, the legal proceedings need to be initiated. Your divorce lawyer's experience and knowledge is going to play a major role here. Finally the case will be tried in the courts and a letter will be issued giving the decision within 90 days. If you are not happy you have the option to appeal.
by: Sunil Punjabi
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