The Divorce Process – What Exactly Does the Attorney Do?
The likelihood for a couple to decide to call it all off and settle on a divorce is a common place event today. All over the country this happens on a daily basis. Atlanta being no different from the norm, a divorce lawyer or divorce attorney will have a high demand for their services. So what is the actually process involved and how does the legal system deal with divorce proceedings? The outcome of a divorce is where both parties are legally able to re-marry as their marriage is no longer considered to be viable by one or both parties. Usually, options for any a resolution or even a compromise are explored before deciding to hire a divorce attorney. However, when all else fails the legal proceedings are put into place.
You may wonder why couples do not seek annulment instead but this process needs to establish that the marriage was void for a number of reasons. These are usually because of such things as one party being under aged or insane or because of sexual impotence or fraud and provide the grounds for annulment. Divorce on the other hand gives full recognition to the marriage and has it dissolved through reasons varying from extreme behavior, adultery or an extensive time spent apart among many others. A husband or wife can decide on what grounds to pursue and file the case. The divorce attorney then works to prove the case in court in a divorce hearing.
In most cases of divorce, the majority of time is spent in deciding about the allocation of joint property. The law differs from state to state regarding just what is ‘community property’ in a marriage. Most courts acknowledge that assets purchased after the marriage is owned equally, that are fifty percent each. Similarly, any debts are shared equally by both parties. These are allocated by the divorce attorney. Often a case will grant one spouse some maintenance payments or alimony for or a certain period of time or the house may be transferred to the other party. This is quite standard for a wife who has children at school.
The custody of the children is another issue which takes considerable time to arrange. This may be granted to either spouse with visiting rights approved or joint custody may be negotiated. Quite often the parents work this out without the need of the attorney.
While the court proceedings are taking place the divorce attorney represents their client in court and attends any meetings between the parties. There is always the prospect of violence if bitter feelings come to the fore particularly in adultery cases. The attorney is there to keep proceedings on course and mediate between the parties. The work of the divorce lawyer is not complete until the court’s rulings have been enforced and all assets and custody arrangements have been carried out. During the whole process the divorce attorney must try to keep an open mind and remain neutral throughout the case which makes the job quite a difficult one and must surely test their conviction in the idea of marriage as an institution.
Author Bio: Stewart Wrighter has worked with an Atlanta divorce lawyer. He hired an Atlanta divorce attorney to represent his sister.
Category: Legal
Keywords: Atlanta divorce lawyer,Atlanta divorce attorney