In most states in the United States, an individual does not need a divorce attorney when undergoing in a divorce. Although this may be true, it is typically advised that the individuals whom are going through a divorce seek a divorce attorney to help them understand the complex issues that may surround the divorce. A divorce attorney is a trained professional who can help clarify the complicated laws that surround common issues in a divorce such as: child custody, properties, and finances.
Since divorce law can vary by jurisdiction, a divorce attorney who is trained in the specific jurisdiction can aid individuals through their divorce in an efficient manner. Often one divorce attorney will be used for both members of the divorce. The divorce attorney will work with the clients to help them agree on issues and complete paperwork. The divorce attorney will work with the clients separately when discussing minor issues.
In the United States, the jurisdiction over issues revolving around divorce proceedings is given to the state courts. Therefore, when people use the term divorce court, they will be referring to the courts that have the appropriate jurisdiction in dealing with the divorce matter in a particular area.
In the case that divorce proceedings involving the settlement of the divorce do not produce any kind of result; the matter may be brought to divorce court. In such a case, the divorce court will hear both parties in regards to the problems at hand, and will be responsible for formulating the parameters and structure of the divorce settlement at the discretion of the presiding judge of such divorce court.
What is the Purpose of Divorce Court?
Ultimately, divorce court exists in order to provide the final decision in regards to divorce proceedings and subsequent settlements. In divorce court, the quarreling couple will bring matters in regards to certain aspect of the divorce that need to be resolved as a result of the dissolution of the marriage.
Examples of commonly disputed issues in divorce court are the division of assets and marital property, child custody, and child and spousal support. In the case that mediation was not successful in providing for a divorce agreement or settlement, the matter will usually enter divorce court in order to be resolved with the assistance of a judge.
What to do if Divorce Court is Needed?
The unfortunate truth behind divorce is that most divorce proceedings will prove to be hostile, with the actions taken on behalf of both parties largely being driven by the emotional and mental stress of a dissolving marriage.
However, in the situation those spouses must enter into divorce court to have the matters resolved, it is important to maintain a calm demeanor, where emotions are not the dominating force behind what is said and done while in divorce court.
One should also be well prepared for divorce court. Even though chances are that legal representation will be obtained when going to divorce court, it is important to not place all of the responsibility of the case on the lawyer. Being aware of the required documents and having at least minimal knowledge of the state’s divorce laws can prove to be of benefit while disputing issues in divorce court.
It is important to note that the decisions made in divorce court in regards to an agreement or settlements are fully enforced in the capacity of the law. Failure to adhere to the court orders, regardless of the outcome, will incur penalties as allowed by applicable laws.
Because divorce courts may often times prove to not render the most mutually beneficial decisions, it is strongly recommended that couples try their best to reach an agreement in regards to a divorce settlement through personal means or through the assistance of mediation. Divorce court should only be an option in the case that there is no possibility of an agreement ever being reached through other means.
The first step to becoming a divorce lawyer is to complete high school with high marks, to ensure acceptance to a reputable four year college. Divorce lawyers can major in pretty much anything, but some subjects have certain cross-over potential that may benefit someone later in life. Some of these majors include; pre-law, history, political science, or business.
Following completion of a four year college, a prospective divorce lawyer will have to take the LSAT’s and hopefully score in a top percentile. Law schools look at a combination of college grade point average and LSAT scores to determine placement. Many other factors can come into play like volunteer work or possible legal based work that puts you at an advantage for later work as a divorce lawyer.
After finishing the three years of law school, a hopeful divorce lawyer should seek work in the applicable field of law as a clerk or similar role for a law firm. Shortly after graduation, prospective divorce lawyers will have to take a bar exam in the state they want to practice. After passing the bar exam, a lawyer officially receives their license to practice.
At this point an individual joins the ranks of divorce lawyers but will often have to work their way up to become truly successful. Getting a job as a divorce lawyer with a big firm will help to spread your name to prospective clients.
Usually, a first year divorce lawyer does not get the chance to handle their own cases or litigation especially in bigger firms. Success will often be gained by working hard until the time
Based on the nature of being a divorce lawyer, new clients will often come on a referral basis. Individuals considering divorce will often go to friends for suggestions on choosing a divorce lawyer and pass along the name when someone asks them. Due to the high numbers of divorce, clientele can grow quickly and maybe one day lead to the opening of an independent law firm.