A divorce attorney has responsibilities beyond the courtroom.
Today’s divorce attorney has to combine the skills of a legal advocate, bookkeeper, counselor and, in some cases, an arbitrator in representing a client. Obtaining the dissolution of a marriage is only a small part of the general duties that a practitioner must perform in this area of the law. Before granting a final decree, the attorney will need to negotiate and prepare a separation agreement, file the appropriate court papers, and attend the necessary proceedings to end the marriage.
Long after the judge signs the order, there are a number of secondary issues that will need to be managed for some time. Below are some of the most important issues in this post-decree phase.
child support
Child support is one of the two biggest areas of controversy that a divorce attorney will face after the court process has concluded. Very often, the defendant in a domestic matter will be reluctant or even hostile to paying child support. It is the defense attorney’s responsibility to represent the interests of their client’s children in such situations by seeking appropriate legal remedies.
Even if there is no animosity between the parties, changing circumstances on one side or the other (job loss, remarriage, etc.) may require modification of child support orders. Here, too, the lawyer must inform the court of the situation and ensure that the changes are reflected in the appropriate legal documents.
Visitation
Visitation is the other contentious area that a divorce attorney must navigate. Very often, the parties will try to tie visitation to child support. The petitioner will often refuse to grant visitation unless child support is paid, while the defendant may deny child support unless better visitation is allowed. What makes this so difficult is that, in the eyes of the law, these two elements are separate and distinct. Whether or not child support is paid is not an excuse, in and of itself, to deny visitation. On the contrary, demanding more visits cannot justify the non-payment of alimony.
Lawyers in this area have the delicate task of making clients realize that these two elements of the post-marital state must be handled individually. Ultimately, the court will seek to protect the interests of the children regardless of the emotional wishes of the parties. By advising their clients, these legal professionals can often mitigate the negative aspects of ending a domestic relationship and help everyone involved move from the present to a new life as separate individuals.
Status change
Remarriage, relocation, and minor children coming of age are some of the major life events that a divorce attorney will continue to help clients manage, even years after the decree has been entered. . Maintaining strong lines of communication, staying on top of changes in the law, and updating client information are elements that make practicing in this area of law an ongoing and dynamic challenge.