What Does A Divorce Lawyer Do?

Divorce is an emotionally draining experience. You may be concerned about the cost of a divorce and feel you cannot afford an attorney.

Divorces without an attorney, however, can be confusing and time-consuming. A divorce attorney will protect your rights during your divorce.

Choosing Your Divorce Attorney

You should feel comfortable with your attorney. Part of that is whether they have experience in cases like yours. For example, you may have a child custody dispute or an abusive spouse. You want an attorney who has handled other cases with these sensitive issues.

You and your attorney should also agree on a strategy. If your spouse will fight the divorce, you need an attorney who is not afraid of going to trial. If you and your spouse are amicable, however, you want an attorney who will not push you into unnecessary conflicts.

The First Meeting with Your Attorney

At the first meeting, your attorney will describe the divorce process. The attorney will explain the legal grounds for divorce and the difference between a contested and uncontested divorce.

The attorney will also explain the steps involved in the divorce case. Generally, filing a divorce petition is only the first step. After that, both parties exchange documents and other information which is called the discovery phase of the process.

There may also be settlement discussions along the way. The divorce will proceed to trial if it is not settled. A divorce lawyer will explain what you will need to do at each stage.

Your Attorney Will Ask Numerous Questions

According to The Stout Law Firm P.L.L.C, an experienced divorce attorney will ask many questions of a financial and personal nature. This information is critical to their ability to represent you. It is important to be forthcoming with your attorney.

All communications with your attorney are confidential. Your attorney will not disclose confidential information without your permission.

Your Attorney Will Request Documents From You

Your divorce attorney will ask you for financial documents to ensure that the division of your marital assets is proper. Texas, for example, is a community property state.

This means that property acquired during the marriage is presumed to be marital property. Your lawyer will use the information you provide to make sure that your separate property is not included in the marital assets, and that any marital assets are distributed properly.

You Must Actively Participate in Your Case

Throughout the case, your attorney will need additional information from you. You must regularly communicate with and cooperate with your attorney.

Your lawyer will need you to assist them with discovery. You may even have to attend a deposition where your spouse's counsel will question you under oath.

You will also need to attend court appearances with your lawyer. Your attorney will often need to speak with you to prepare for court, especially if the case goes to trial.

The parties’ attorneys discuss settlement at various times during the case. Your attorney will need to speak with you about any settlement proposals.

Expectations for A Divorce Attorney

You may have numerous expectations for your divorce counsel. You should have a retainer agreement that explains your relationship with your attorney. Nevertheless, your attorney should meet some basic expectations.

Your attorney should communicate with you regularly. An attorney should inform you of court dates, court filings, and any settlement proposals. Additionally, your attorney should be present for court appearances and depositions.

Divorces can take a long time. In Texas, even an uncontested divorce petition has to wait at least 60 days before it is granted. Many things, including time delays, are beyond your attorney’s control.

You want your lawyer, however, to be an ally during this difficult process. If you have concerns about your attorney’s performance or abilities, you can always get another lawyer's opinion on your case.