A divorce lawyer is a legal professional who focuses on divorce-related issues such as divorce, dissolution, and annulment. Many divorce lawyers also practice family law, which covers a wide range of issues relating to marriage and family life, from adoption to wills. People who are going through a legal separation are usually advised to hire a lawyer who is familiar with the process in order to protect their legal rights and, if possible, reach an amicable settlement.
To practice law as a divorce lawyer, a lawyer must first complete law school, ideally studying family law topics throughout his or her education, and then pass the bar exam. To ensure that a candidate is morally fit to practice law, most bar exams include a written exam as well as a character assessment. Once qualified, the lawyer will seek employment in a firm that specializes in family law, gaining valuable experience in the field.
When approached by one of the parties in a divorce with a request to do so, a divorce lawyer’s first task is usually to draft divorce papers. In some cases, couples agree to divorce, in which case they may approach a lawyer together to seek legal advice, but in a more contentious divorce, only one party will consult with a divorce lawyer. After the petition for dissolution or divorce has been written and signed by the person seeking the divorce, it can be served on the other party.
One of the most important aspects of this profession is negotiating a settlement when a couple decides to divorce. The division of assets, discussions about child custody, and an agreement on alimony and/or child support will all be part of the settlement. A divorce lawyer may also be involved in the enforcement of a prenuptial agreement or other divorce stipulations. If a couple has fertilized embryos in storage from an infertility treatment, for example, both sides’ divorce lawyers will be involved in deciding what happens to those embryos.
A divorce lawyer may represent a client in court, as well as in specialized family courts that deal with family-related issues such as adoption and child custody, in the event of a contentious divorce. A divorce lawyer may also help a client structure a prenuptial agreement at the start of a marriage, ensuring that much of the legal groundwork for a relatively amicable divorce has been laid if the marriage does not work out.