What Is a Divorce Lawyer?
A divorce lawyer handles divorce proceedings on behalf of one partner against their lawfully recognised spouse. They institute legal claims for any accrued assets and other family law rights – such as spousal support and child custody – deemed to be in the interest of the party represented.
Areas overseen by a Divorce Lawyer:
Distribution of property
Division of debt
What does a Divorce Lawyer do?
They draft and issue a summons on behalf of the plaintiff to be issued by the court to commence divorce proceedings.
Make legal representation on behalf of the sued defendant who’s summonsed to appear before court.
They establish grounds for the dissolution of matrimony where necessary; however a no-fault system such as our own won’t necessitate this (but if the issuing of child resident rights favours one parent over another, a divorce lawyer will demonstrate grounds for this ranging from ‘alcoholism’, ‘violence, ‘instability’ and so forth.
If two parties fail to come to an agreement regarding things like property, maintenance issues or child residence and support, then a divorce lawyer will contest for the court’s decision to ever in the favour of their represented party.
The lawyer negotiates settlements on behalf of their client irrespective of whether served summonses are of a complex or cooperative nature.
They serve as legal advisers during a collaborative divorce process and ensure that whatever agreement their represented party enters into is an equitable one.
A divorce lawyer provides mediation during a divorce process and facilitates the creation of a mutually tailored severance agreement which can be submitted to court.
The lawyers are responsible for informing their represented party of their rights as well as prepare their court pleadings.
What does a Divorce Lawyer require to institute action?
Personal details of both parties involved in the divorce proceeding, such as names & surname, ID numbers, addresses, occupation, employers, earnings and any dependants etc.
Details of the court you shall be issuing the summons and particulars claim through (the divorce lawyer can see to this end).
Reasons for the divorce and claims you want the court to grant you e.g. child residence, restraining orders, child custody and support etc.
The date you want the divorce proceedings to commence.
If you’re been summoned to defend a divorce action, you need to pass the original correspondence to your legal practitioner within the communicated time period to avoid a judgement being made without you. This will also give the divorce lawyer time to prepare any counterclaim, strikeout or court postponements where fit.