Divorce is often a complex, emotionally charged process. When couples decide to part ways, a divorce attorney becomes a crucial ally in navigating the legal intricacies involved. But what do divorce attorneys do exactly?
I can’t speak for all divorce attorneys, but here are 7 things I do as a divorce attorney, and that I’d be happy to help you with:
1. Initial Consultation and Case Assessment
The divorce process most often starts with an initial consultation with a divorce attorney. Again, I can’t speak about what goes on at other divorce attorney consultations, but for my clients, during this meeting, I listen to your divorce story, and I ask a lot of questions. This is the best way for me to assess the specifics of your case. During the initial consultation, I also provide an overview of the legal process. I then discuss your goals, concerns, and expectations, which can include custody, parenting time, your home, your assets, financial goals, your lifestyle, and more.
2. Legal Advice and Strategy
One of the primary roles of a divorce attorney is to offer you legal advice and strategy tailored to your situation. I explain and help you understand your rights and obligations under the law. Whether you’re seeking an amicable split or anticipating a contested divorce, I will develop a strategy to achieve the best possible outcome for you. This strategy includes decisions on child custody arrangements, child support, maintenance asset division, and other critical matters.Additionally, I provide all of my clients a Divorce 101 overview. I find that with you having a base understanding of the process and what to expect significantly reduces stress and anxiety as we navigate through the process.
3. Document Preparation and Filing
Divorce proceedings require a substantial amount of paperwork. Me and my team will prepare and file the necessary legal documents, such as the divorce petition, financial disclosures, temporary orders, pleadings, settlement documents, marital balance sheets, and child custody agreements. Accurately and timely filing is documents in your case is crucial, as any errors or delays can result in consequences that can negatively affect the progress of your case.
4. Negotiation and Mediation
Many divorces are settled through negotiation or mediation instead of going to court and litigating. A divorce attorney plays a key role in this process, advocating for your interests and working to reach a fair settlement on issues related to child custody arrangements, child support, maintenance or alimony, and asset division. Mediation is a more amicable process, and is a great option if both parties are willing to settle on reasonable terms. I prepare my clients for mediation and help facilitate productive discussions and negotiations between you and your spouse. I also attend mediation with my clients so that they are represented during the process.
5. Representation in Court
If settlement negotiation or mediation doesn’t resolve your matter, your case will have to proceed to court. In such instances, I represent my clients in court, including but not limited to hearings, pre-trial or settlement conferences, and trial. I present evidence, make legal arguments, and direct and cross-examine witnesses to support your case. An attorney’s goal should always be to present your position clearly and persuasively to the Judge to get you the best possible outcome under the law.
6. Enforcement and Modification
Once an order is entered, whether or not the divorce is finalized, there may be issues related to compliance or modification. Non-compliance involves one party failing to honor the terms of an order, such as not paying child support that was awarded or not adhering to the custody schedule that was ordered by the judge. The need for modification arises when circumstances change, such as a significant change in income. I help my clients seek enforcement or modification of the order and ensure that the terms of the order or agreement and any changes to the same are properly documented and enforced.
7. Post-Divorce Issues
After the divorce is finalized, post-divorce (also known as post-decree) issues that require attention can come up, such as issues related to child custody arrangements or support adjustments. A divorce attorney an continue to offer advice and assistance in these areas, helping to address any new challenges that arise and your options for achieving your desired outcome.
What are Some Things Divorce Attorneys Don’t Do?
1. Provide Therapy or Emotional Counseling
While divorce attorneys offer valuable legal advice, strategy, and support to you during your divorce case, they are not trained therapists or counselors. The emotional and psychological aspects of a divorce can be significant, and while attorneys can offer empathy and understanding, they are not equipped to provide therapy or emotional counseling. For mental health support, it’s beneficial to seek the help of a licensed therapist or counselor who specializes in dealing with the emotional impacts of divorce. You should also consider hiring a divorce coach to help you through the divorce and assist you in planning your post-divorce life.
2. Make Personal Decisions for You
Divorce attorneys provide legal advice and options, but they don’t make personal decisions on your behalf. Whether it’s about child custody arrangements, asset division, or settlement terms, the ultimate decisions are up to you. I present all options, explain the potential outcomes, discuss strategy in tax implications and allocation of assets and debts overall, help you understand what you are entitled to under the law, and guide you through the decision-making process. However, this is your case and the final decision rests with you. I understand that these decisions aren’t easy to make. I am happy to give my legal opinion based upon my extensive Family Law experience, if asked, and of course, I will always talk things through with you to help you come up with the best decision for you.
3. Resolve Personal Disputes
A divorce attorney focuses on legal matters rather than personal disputes that might arise between you and your ex-spouse. While they can assist in negotiating terms and settling legal issues, they can’t resolve interpersonal conflicts or handle non-legal disputes. For example, if your spouse suddenly has a girlfriend and you are shocked and/or upset by it, your divorce attorney doesn’t need to be involved unless it is impacting a legal order that was put in place (which is unusual). For these kinds of issues and conflict,, mediation, therapy, or divorce coaching is more appropriate. While your divorce attorney may not be able to directly help you with your personal disputes, they can assist you recommending a therapist or coach. You can also find trusted, vetted coaches and therapists on the Divorced Girl Smiling website.
4. Guarantee a Specific Outcome
No divorce attorney can guarantee a specific outcome in a divorce case. The results depend on numerous factors, including the specifics of the case, the decisions of the court, the judge in the case, and the willingness of both parties to negotiate and agree to a settlement. A divorce attorney can work diligently to advocate for your interests and increase your chances of a favorable outcome, but we cannot promise a particular result.
5. Handle Financial Planning or Asset Management
Divorce attorneys are not financial planners or asset managers. While I can provide legal advice as it relates to equitably dividing marital assets and debts according to legal guidelines and IRS codes, no attorneys provide financial planning or investment advice. For managing finances post-divorce or planning for the future, it’s wise to consult with a financial advisor or planner who can offer specialized advice tailored to your financial situation.
6. Perform Investigative or Forensic Work
Although divorce attorneys may gather and review evidence relevant to your case, they are not forensic investigators. If your case requires specialized investigative work, such as locating hidden assets or gathering detailed financial records, you might need to engage forensic accountants or private investigators. The Divorce Money Guide is an online tool that can help you determine whether or not your ex is hiding money.
7. Handle Non-Divorce Legal Matters
Some divorce attorneys typically focus solely on family law issues, and their expertise is centered around divorce, child custody arrangements, and related matters. Divorce attorney’s that solely focus on family law cases typically do not handle non-divorce/non-family law legal issues, such as criminal defense, personal injury claims, or medical malpractice. For other legal needs, you will need to consult with attorneys who specialize in those specific areas.
Need More Information or Representation?
If you are getting a divorce and want to learn more about what divorce lawyers can do for you, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is getting a divorce or has post-divorce issues and is wanting to know more about mediation, settlement negotiations, and representation in court, who is seeking legal advice or strategy regarding issues of child custody arrangements, child support, maintenance, or asset division, or who are needing representation in their divorce proceedings.
Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.
Like this article? Check out “10 Big Divorce Mistakes You Don’t Want to Make”
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