Responsibilities of a Divorce Attorney

The divorce attorney files a summons and complaint in the appropriate court. These are legal documents that advise the person who is being divorced that proceeding are beginning. Once the documents have been received, a response answering the claims and presenting any defenses to the claims can be issued.

A divorce action is determined after the summons, complaint and the responsive motions are filed. Both attorneys for the divorcing parties then determine if the divorce will be non-contested or contested. Non-contested divorces mean the couple agrees to the divorce. A contested divorce may involve a trial or a hearing before a judge. The divorce attorney will act for the client in both cases.

In a non-contested divorce the divorce attorney will instruct his client to gather personal and financial information. The parties will sit down and partition possessions, spousal and child support and child custody. A settlement contract is drawn up by the divorce attorney that outlines the rights and responsibilities of each party. If the parties do not agree to the settlement, the divorce becomes contested and a trial or hearing will be the result with the judge determining allocation and custody.

DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi -  nmarangi@pacbell.net

What is a divorce attorney?

Hiring a divorce attorney to mediate and handle your divorce is an important decision; you will spend a great deal of time with this attorney and they will have accesses to all your financial, marital and possibly private affairs. The divorce attorney will represent you in any divorce actions in court.

Find a divorce attorney who has, at the very least, experience in family and divorce law through training or hands-on experience and is licensed through your state. You should research and interview attorneys to find out how knowledgeable they are concerning what to expect from the judges in your jurisdiction and if they can use this knowledge to your advantage. Find an attorney whose practice is basically in divorce law.

Hiring a competent divorce attorney requires that a potential client find out what former clients have to say about the attorney. You can do this by looking on the web or asking previous clients. You need to communicate with your attorney. If you do not feel that you relate to the attorney or cannot get responses to your calls and emails, this is probably not the attorney that you want to hire. Investigate attorney fees. Some divorce attorneys will do a first consultation for no charge and subsequent visits will be charged an hourly rate or at a retainer rate. Request detailed invoices.

Make sure you are comfortable with the attorney and feel that he is competent and able. If you cannot definitely answer, yes to these questions, keep searching. The divorce attorney will meet with a potential client to discuss the facts of a potential divorce case and information and details will be gathered by the attorney to determine if there are grounds for divorce.

Every state has different laws that specify divorce rules. The divorce attorney should also provide an outline of the procedures and specify responsibilities of his client at the initial hiring meeting.
DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi -  nmarangi@pacbell.net

Divorce Concept and Considerations

Divorce might seem like a simple concept, but in fact there are many considerations surrounding the decision to terminate a marriage, and many different remedies the parties can seek in attempting to do so. Those remedies implicate the various differences between divorce law in each state, as divorce law is a creature of state law. There are also a number of issues outside of divorce law to consider - for example, a courts jurisdiction, and conflicts between the laws of several jurisdictions - which one might need to consider when deciding to start down the road to divorce. Where you and your spouse were married, how long you lived there, and where each of you live now, may be key considerations in deciding to take legal action. Whether or not children are involved can also complicate things further.

In these matters, as in any other legal matter, it is crucial to consult a divorce attorney before taking any major steps toward divorce, and you should do so if you are considering taking such steps. 

DISCLAIMER: This is not legal advice, and should not be construed as legal advice or relied upon as legal advice.
Neill Marangi -  nmarangi@pacbell.net