A divorce lawyer is a professional who represents clients in the area of divorce law. Divorce lawyers normally work exclusively in civil law, defending only one party in the divorce proceeding. They generally work on such matters as personal property, divorce, property settlements, estates, trusts, mortgages, and so on, as these all relate to the pending divorce case. These cases usually end up in court, although they can also be settled out of court. A divorce lawyer represents only one party in a case and is responsible for presenting the client's viewpoint on the subject of the divorce case to the judge who will hear the case.One of the most important factors to consider in choosing a divorce lawyer is that the attorney is qualified and experienced enough to handle the case. There are a few steps an attorney should take during the initial consultation. First, the attorney will make a detailed background check on the client, in order to determine whether or not he or she is a good candidate for the divorce.
The divorce lawyer will then meet with the client at the first planned meeting, to assess whether or not the two parties can agree on the proposed plan of action. If both parties agree, then the divorce lawyer and his or her assistant will prepare the required documents and will present them to the courts at the first meeting. If not, then the divorce attorney and his/her assistant will attempt to negotiate a better agreement for the client.It is very important that anyone considering hiring any attorney to represent them should research the state bar association. This organization publishes a directory of attorneys practicing in the state. The directory contains the names, contact information, and state of registration for each attorney. The directory will also contain the fees charged by each attorney. The directory may also contain other helpful information, such as a list of frequently asked questions about divorce, a sample divorce petition, divorce cases in which the lawyer has previously worked, and a list of recent court rulings on divorce.
Because divorce lawyers deal with some of the most sensitive issues of divorce, they should be handled carefully and thoroughly.Unless one has attended law school and passed the bar exam, there is no legal bar exam for a divorce lawyer. However, many states do require a certain level of legal education before a person may practice Law. Attorneys must meet a minimum performance standard of competence and ethical conduct as set down by the state Bar Association. For example, all lawyers are required to pass a written ethical code test every two years or so, as well as a thorough examination of their knowledge and experience in a variety of Divorce cases, including child/children custody, family law, and criminal law.The states Bar Association makes these requirements possible through the course of continuous education credit that all lawyers are required to complete in order to renew their bar exam licenses each year. While it is not necessarily necessary to have attended law school in order to become an attorney, it certainly does help a great deal. As the Bar Association will tell you, "If you have not graduated from law school or passed the bar exam, it may be difficult to find work." Unless you are in a situation where it is necessary for you to become an attorney, you may prefer to find a divorce lawyer who has attended law school and has been thoroughly tested in his or her knowledge and experience in Divorce law.No matter how trustworthy the divorce lawyer may appear to be, it is still up to the Court to determine what is in the best interests of the Children in question. In cases such as divorce involving children, the advice of the Divorce lawyer may not always have the final say, nor should it. The decision in the best interest of the Children is always determined by the Family Court Judge based on the facts and circumstances that prevail. The wise thing for any couple to do would be to consult with their divorce lawyer and have them explain the differences of having a no-fault, uncontested divorce and the possible benefits (if any) that would result.