A divorce lawyer is a lawyer who represents individuals in divorce proceedings. This field is typically saturated with life-changing decisions and emotions. Thus, a divorce lawyer needs to delicately but justifiably handle a wide array of family law matters from divorce, matrimonial, and/or legal separation, child custody and visitation, to child support, spousal abuse and child adoption. While a divorce lawyer can certainly have an emotional stake in a case, the goal of every divorce lawyer is to ensure that his or her client receives the maximum compensation for their troubles.
Reputed divorce lawyers in Canada such as Lydia Moritz are specialized in family law pertaining to the spouses in a relationship that has dissolved. They are familiar with laws that govern the property, obligations, rights, and responsibilities of everyone involved in a divorce. This is the typical area of family law that a divorce lawyer will specialize in, along with a few other areas that are as touchy as they come.
Lawyers always have the clients’ best interests.
To ensure the best interests of his or her client, every divorce lawyer takes it upon himself or herself to do just that: protect their clients’ best interests. This includes avoiding situations that would inevitably have a detrimental effect on his or her client, such as self-representation. In the best interest of their client, divorce lawyers should refuse to represent anyone who is represented by someone other than themselves, including friends or relatives. It is important for divorce lawyers to retain close ties with their former clients. After all, the very reason for retaining these clients is to have someone whom they can trust on their legal counsel. In instances in which a divorce attorney feels his client’s best interests are not being appropriately served, he or she may refuse to engage in court-ordered representation and work instead with the representing party or parties.
Divorce lawyers also must be well versed in family law so as to adequately represent their clients. This requires them to complete the required education as required by the state in which they practice, pass the state bar exam, and pass the national bar exam. Along with their professional training, they must also complete the courses and study materials required by the Canadian Bar Association, or ABA, which governs the profession. These requirements help ensure that the best interests of their clients are served at all times. In addition, they complete the state-mandated preparation courses in everything from family law to child custody to real estate law.
In order to be an excellent family lawyer, lawyers must also be excellent students. They should strive to learn new things as frequently as possible, especially those areas of law that concern their clients. To help achieve this end, many divorce lawyers attend refresher courses offered through the state Bar Association. There are also many online courses that allow lawyers to participate in lectures, discussions, and case studies from time to time. All of this allows them to stay abreast of the latest developments in the profession.
Staying up to date with current changes
It is vital that a divorce lawyer is highly skilled in his or her area of expertise. Family law is among the most complex fields out there, and a good divorce lawyer will be able to handle every aspect of the case with ease. The attorney should be capable of handling all aspects of the divorce proceeding, including gathering and submitting proper documentation, negotiating with the other spouse, preparing for hearings and trials, dealing with cross-examinations, preparing for arguments in court, and even seeking payback from the other spouse if the case winds up in court. Even if a spouse does not agree to share custody or a part of the house and money, the attorney should still be able to get his or her client some time behind the judge. A good attorney will be able to get results that both he or she and the client can live with.
Good divorce lawyers understand that no one wins in a divorce proceeding. Both the parties lose, because in the end the marriage is just a legal agreement. Both spouses had to agree to separate from one another, and both have to consent to the terms of the separation. Therefore, nothing should be left on the table in order to reach a conclusion that is fair to all parties involved.
Furthermore, good divorce lawyers should also be aware of the various consequences that a restraining order can have for a spouse. A restraining order may prohibit the partner from contacting the other, preventing access to phone numbers, Internet usage, etc. Furthermore, a restraining order may keep the spouse from traveling within the area, which would require extensive planning and funds for travel. While a protective order will prevent spousal abuse, the spouse may still receive what he or she is owed under child custody laws, child support, and other areas of family law.