What Does a Divorce Attorney Do?

A divorce attorney is a legal professional who handles cases involving the end of a marriage. Their duties include offering guidance and support, drafting and filing court documents, and representing clients in divorce-related litigation. They can help you understand your legal options and rights in the process, including child custody, spousal support, and property division issues. They may also offer mediation services to help you and your spouse reach an agreement on these topics.

Divorce lawyers must be licensed to practice law in the state or country where they work. They usually spend several years studying the law in college, then take and pass a rigorous exam to earn their license. Many attorneys choose to specialize in specific areas of the law, such as family law or criminal defense. Others may focus on a particular industry, such as finance, banking, or real estate.

An experienced New York divorce lawyer should be knowledgeable about local divorce laws, especially those pertaining to custody, spousal support, and the division of assets. They should also be able to recognize and understand the emotional issues that can arise in these cases. This can be a delicate task for an attorney, but one that is vitally important to a client’s well-being.

If you are considering a divorce, it is essential to consult with an experienced lawyer as soon as possible. Your lawyer will review the facts of your case and advise you about the best legal strategy to pursue. They can also help you gather important information, such as tax records, investment accounts, property deeds, insurance policies, and marriage certificates. They can then assess your financial situation and determine what marital assets you will be entitled to receive in the divorce settlement.

When you meet with a divorce attorney, it is crucial that you remain honest and forthright about your situation. This will help them to represent you effectively in court and prevent any unnecessary delays in the case. It is also important to avoid discussing information about your case with anyone other than your attorney, trusted family members, and your licensed psychologist. Any information you share outside of your attorney’s office can be used against you in court, and can damage the quality of your representation.

If you and your spouse are in complete agreement about the terms of a divorce, you can file an uncontested divorce with the Supreme Court. This process requires that you both satisfy residency requirements, and agree on the legal grounds for the divorce. The most common ground for a divorce in New York is “irretrievable breakdown of the relationship for a period of six months.” Other reasons for divorce include desertion, insanity, and cruelty of treatment. If you and your spouse cannot reach a settlement on all divorce-related issues, you will need to go to trial. Your attorney will present your evidence and arguments to the judge during this process. The judge will then issue a final divorce decree.