About Divorce Attorneys

104 15

    Qualifications

    • An individual seeking to become a divorce attorney must obtain a bachelor's degree and a law degree from an American Bar Association-accredited law school. After graduating from law school, she must pass the bar exam administered by the state in which she seeks to practice. After passing the state bar exam, candidates must register with the state bar association and be sworn in by the state supreme court to receive a license to practice law in the state. Once licensed, attorneys must remain in good standing with the bar association, which requires participating in certain activities, such as pro bono work and continuing legal education.

    Duties

    • The first duty of a divorce attorney is to adequately interview the client. He must then file the proper pleadings, which will vary depending on whether the client is the petitioner or respondent. Once a petition for marriage dissolution is filed with the proper family court, the divorce attorneys for both parties will participate in discovery--the phase of litigation in which the parties find facts, such as disclosing financial information. The attorneys may seek the services of a trained mediator in order to resolve some issues, such as property disputes. After this phase, the attorneys may participate in pre-trial hearings, a trial and an appeal, if necessary. Even after a judge orders the divorce final, the divorce attorney may still represent the client if the other party violates a property agreement or child support order.

    Employers

    • Divorce attorneys may be employed by a law firm or may be employed as a solo practitioner. Some divorce attorneys are involved in pro bono projects, such as local legal aid programs and divorce clinics in which they offer their services to indigent parties for little or no charge.

    Considerations

    • It is important that you meet with more than one divorce attorney before deciding to hire one to represent you in a divorce. This ensures that you choose a suitable attorney with adequate family law experience. Many attorneys offer free consultations and can answer prospective clients' questions regarding general aspects of their case, how they will be billed, how they can contact the attorney after-hours and who else would be working on their case.

    Fees

    • Prospective clients should be aware that, although it may be less costly to file for divorce without the assistance of an attorney, cases involving children and cases in which property disputes might arise can be very complex, making filing for divorce pro se an impractical strategy. Most states prohibit attorneys from taking a contingency fee in family law cases, as most states consider this unethical. For this reason, attorneys bill divorce clients hourly. This hourly rate will vary among divorce attorneys, as more experienced attorneys and attorneys belonging to large firms in metropolitan areas may command higher fees.

Source...
Subscribe to our newsletter
Sign up here to get the latest news, updates and special offers delivered directly to your inbox.
You can unsubscribe at any time

Leave A Reply

Your email address will not be published.