What Role Do Lawyers Play in Divorces?

Spouse and Your Lawyer’s Role – What Role Do Lawyers Play in Divorces?

As a husband and wife, it is important to understand your spouse’s legal rights and responsibilities and these will vary depending on where the divorce is filed. Your wife may have an entirely different set of rights and responsibilities that you were not aware of when the marriage occurred. The most common areas of concern are:


Your Spouse and Your Lawyer’s Role

If there is a prenuptial agreement or some other type of contract then your lawyer can legally represent you on these. For example, if a previous marriage was terminated due to a no-fault event then a lawyer can seek to enforce any provisions contained in the agreement. Laws governing property and assets vary greatly by state so your lawyer can also refer you to local property and assets laws. In some instances, both you and your spouse should dissolve the marriage and start over with an open mind to any future relationships.


The Role of Joint Custody

If you and your spouse have children together then your lawyers can play a role in the division of property and assets during a divorce. They can help draft a child custody agreement or they can represent you in court if you choose to move forward with a custody case. In the event of a divorce, the court often awards joint physical custody to one parent. Your lawyers can help with this as well as making sure that any property and assets are shared equally.


The Role of the Assessor In a divorce

where one spouse has a sizable asset such as a home or art collection then the other spouse can be awarded possession of the asset. If you and your wife have been talking about the division of assets and property or child custody during your marriage then your lawyers can make arrangements for you to be assigned guardianship of the assets. This will give you and your spouse equal ownership of the assets during your divorce. If you and your wife have been talking about custody of your son or daughter then the Assessor will help divide the property and liabilities according to your prenuptial agreement.


Your Lawyer’s Role If you and your spouse cannot agree

on how the property and liabilities should be divided during your divorce proceedings then your lawyer can help mediate the dispute. They will sit down with your spouse and try to agree about who gets what. A lawyer will be able to mediate the divorce without involving a judge or jury which can help expedite your divorce. Even if your lawyers do end up having to go to court, there is a lower cost that allows both parties to go through a simple settlement agreement. You may even be able to save money by using your lawyers instead of a private mediator.


There are many other roles that your lawyers can play during a divorce

They can act as your advocates when it comes to making sure that you get the compensation that you deserve. They can also be your advocates when it comes to settling for an amicable settlement. There are many ways that your lawyer can help you throughout the divorce process. Always remember to talk with your lawyer before taking any major steps during your divorce.

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