The rise and growth of varied divorce methods have seen a decline of the traditional solicitor-aided divorce mode. But some couples still prefer this method in contrast to the simple and convenient methods of DIY and online divorce. Divorce rates have increased dramatically since the 1970s, and this could be one of the reasons for the establishment of other divorce methods. The burden of obtaining divorces has to be divided and, hence, society today sees different divorce methods dealing with diverse divorce case types.
- Uncontested divorces are usually considered the domain of DIY and the online divorce methods
- Contested divorces remain the sole possession of traditional divorce solicitors
The existence and popularity of divorce firms simply indicate that though the popularity and target audience may have changed, traditional legal firms still ply various services to clientele. Terry & Co. or the Family Solicitor firms in
The Contested Divorce: Social psychologists and marriage counsellors argue that usually divorce lawyers end up playing the role of mediators or counselling. They state that more than 68% of clients who apply to lawyers for contested divorces never do get divorced. This happens because the couple is forced to talk frankly and openly before a neutral third party i.e. the lawyer. This open communication allows the couple the opportunity to discuss their opinions, criticise and introspect freely. Couples during these face-to-face meeting usually realise that their marital differences can be worked out. Further, divorce lawyers provide couples a second chance to check and evaluate their claims – are they fair? Divorce lawyers and their legal team often pose as a correction wall, checking and verifying written material and documents. Couples filing for divorce under the guidance of a divorce solicitor have the freedom to make mistakes and supply wrong documents. The divorce solicitor acts as the final wall, checking all forms ensuring that all information given by the clients is true and in proper format. They usually try to see that their client receives the best possible agreement in every way. This usually involves financial division and custody issues.
The Financial
Child Custody: A lawyer argues on behalf of the client for the custody of the children involved in accordance with the beliefs of the client. This may include the concept of full or partial custody, shared parenting or the concept of joint custody. In case, the mother wants the full custody of the children, the lawyer has to prove that she is the primary caretaker:
- Taking care of all personal hygiene habits and routine of the child
- Participates in the educational activities of the child – school homework and hobby classes
In the event of arguing successfully in court, the lawyer has to decide whether the client will stay on in the matrimonial home with the children. In case the client disagrees, the lawyer usually advises the sale of the joint matrimonial house and then presides over the equal division of the proceeds. Lawyers have to ensure that the other party pays appropriate child maintenance allowance and does not escape responsibility. He or she also has to carve out:
- Visitation Schedules: These include the time and duration of the visit
- Remarriage Issues: The lawyer also has to work out a financial settlement for the child in case either parent remarries or dies. The lawyer has to ensure that the status of the child remains secure even when circumstances change post-divorce.
