What Does a Lawyer Do in a Divorce?

What Does a Lawyer Do in a Divorce?

Divorce is one of the most challenging experiences of a person’s life and having reliable legal representation during this process is incredibly valuable. If you are expecting to end your marriage in the near future, call a firm. A Pasadena divorce attorney can make a significant difference in your divorce proceedings’ outcome, providing counsel and clarity throughout the entire process. If you are preparing to divorce, it’s natural to wonder, what does a lawyer do in a divorce?

Why Hire an Attorney for Divorce Support?

Even if you and your soon-to-be ex-spouse are on great terms, the reality of the situation is that divorce requires you to look out for your own best interests. A Pasadena divorce attorney can help you clarify difficult legal questions within your marriage, prepare you for the legal proceedings to come, and ultimately help you reach a satisfying conclusion to your divorce case.

If you do not hire an attorney, you should accept the likelihood that your spouse will have legal representation, putting you at a significant disadvantage in your divorce proceedings. Even if you decide to negotiate your divorce privately, a lack of legal representation puts you at significant risk when it comes to the outcome of your case.

Do I Need To Tell My Divorce Lawyer Everything?

When an attorney offers to provide legal representation to a client and the client accepts, an attorney-client relationship is formed. With very few exceptions, anything said in confidence between a client and an attorney cannot be repeated to or shared with anyone. Attorney-client confidentiality is a key element of the due process laws of California and the United States.

It’s vital for anyone with legal counsel to remember that withholding important information from your attorney only does a disservice to yourself. Providing your attorney with as much information as you can possibly provide enables them to provide their best possible level of legal representation. Your attorney has a legal duty to notify the police if you intend to commit a criminal act. Otherwise, anything you divulge to your attorney you should expect to remain confidential.

Is There an Advantage to Filing for Divorce First?

Ultimately, it does not matter which spouse files for divorce unless they filed for divorce and cited a specific fault or cause. California state law does not require a divorce petitioner to provide a specific fault or reason for seeking a divorce. “Irreconcilable differences” is more than sufficient grounds for a no-fault divorce, and it does not matter which spouse files first.

The only time filing first could have any potential bearing on a case is when the divorce is hotly contested. The divorce petitioner includes their proposed terms for the divorce. If the respondent does not agree to these terms, it is a contested divorce. The initial filer could potentially propose outlandish or unrealistic terms strictly to frustrate the other and increase their legal fees. Still, ultimately the divorce case will play out along similar lines regardless of who filed.

What Can You Not Do During Divorce?

It is not uncommon for people going through divorces to feel as if their lives are on hold until their divorce cases reach their conclusions. There are many things you should not do until after your divorce is finalized, including:

  • Remarrying. You cannot legally marry someone else until your first marriage is officially over.
  • Cohabitation with a new partner. While you may have already started a new relationship before ending your divorce, cohabitation with your new partner could have a negative impact on your ability to argue for alimony, and it could also negatively impact your position in child custody determinations.
  • Getting pregnant. Regardless of who the father of your new child is, getting pregnant during your divorce proceedings can significantly delay the outcome of the case.
  • Neglecting to seek tax advice. Some divorcing spouses become so focused on securing as much as possible through their divorce proceedings that they neglect to have a tax professional review their property division proceedings to determine the future tax implications their divorce could have.
  • Posting on social media. While it should be fine to passively browse social media during a divorce case, actively posting anything at all can have a detrimental effect on any case in which you are currently participating.

Remember to avoid these behaviors during your divorce case if you want to reach the best possible outcome.

Is It Better to Have a Male or Female Legal Help?

While some people mistakenly believe that hiring a Pasadena divorce lawyer of one gender or the other is standard practice, the reality is that experience is more important when it comes to choosing your legal representative. It’s natural for men to feel more comfortable speaking about family legal issues with other men. The same holds true for women feeling more comfortable discussing divorce with female attorneys. However, you shouldn’t let gender decide – choose the best Pasadena divorce lawyer for your situation.

Take your time to find a Pasadena divorce attorney who can provide responsive legal representation throughout every phase of your case.

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