How Does a Divorce Lawyer Handle a Case?

How Does a Divorce Lawyer Handle a Case?

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Home Page > Law > Personal Injury > How Does a Divorce Lawyer Handle a Case?

How Does a Divorce Lawyer Handle a Case?

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Posted: Jan 24, 2011 |Comments: 0

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A divorce is a complex process involving several aspects that can be litigious. Some of them are alimony, child support, child custody, visitation, division of assets and debt allocation. As a divorce seeker if you have to deal with these aspects, it is important that you hire the services of a good Toronto divorce lawyer. Such a lawyer is typically an expert in and a practitioner of family and divorce law. In a divorce case, a divorce attorney not just represents his client in the court of law but performs numerous important tasks as well. Here are the different stages in a divorce case and the tasks the lawyer handles:


Preliminary investigation


When a case is brought to a lawyer, he discusses it in detail with the client. He will also discuss the possible outcomes of the case. The lawyer will also enquire about his client’s grounds for divorce to determine whether they are valid. Grounds for divorce are determined by the laws in a jurisdiction. These can differ depending on the state in which the client resides. A Toronto divorce lawyer will be able to guide his client’s case with reference to laws governing Toronto. He will then assess whether the client will be able to succeed with his goals for the divorce or not.


Pleadings – summons and petitions


A marriage dissolution process begins with certain legal documents called pleadings. A divorce lawyer draws up the two pleadings: summons and pleadings for his client. Summons inform the client’s spouse that the legal documents have to be responded to. Petitions surmise the marriage and makes known what the client seeks from the court. When the spouse recognizes the documents and informs about this, the divorce proceeds. The pleadings also allow for the spouse to respond to them with answers to requests and defenses against accusations.


Information gathering


At this stage the lawyer gathers as much information as possible about the marriage. This may be done to substantiate the information obtained at the preliminary investigation. Using his legal tools, the lawyer gathers data about the value of assets owned by both parties, their liabilities, the reasons why one wants spousal support and the couple’s financial information.


Obtaining a divorce


A divorce can be contested or uncontested. A contested divorce is one where one party is opposed to a claim or request in the divorce. Such a divorce generally has a trial or hearing. During this phase, the spouses are required to present their share of facts so that the court can decide what each of them gets and how much. Typically trials are expensive and can include fees for expert services in addition to that of the Toronto divorce lawyer. Some of the experts involved in such cases are psychologists, accountants and appraisers.


An uncontested divorce is one where both parties are in agreement regarding the claims of the divorce. In this situation, the Toronto divorce lawyer creates a document typically called Marital Termination Agreement.  In it he will enumerate the terms under which the couple has agreed to a divorce. This type of divorce involves a settlement discussion that involves both parties. In both contested and uncontested divorces, it is imperative that the divorce lawyers of both parties represent them.


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For more information on a Toronto lawyer or divorce lawyer, contact Heydary Hamilton PC.
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