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What Role Does a Lawyer Have in Divorce Proceedings?

The divorce process involves loads of work and it can be long and tiring. That's why you need a divorce attorney to help you through this process. The lawyer you hire will take charge of the process from start to finish.

Many people don’t understand the importance of attorneys during a divorce. Yet, knowing the role an attorney plays could help you to determine whether you need to hire one or not. This article will discuss the roles of divorce attorneys.

So, what does a divorce lawyer do? You’ll learn more about that below. We explain the attorney roles.

1. Preliminary Investigation

The first task of a lawyer is to investigate the case at hand. They check the background details to decide on how to argue the case. The investigation is a fact-finding mission that involves checking whether there are grounds for seeking a divorce.

They'll do this by considering the laws in your state. Every state has unique laws that cover the grounds for divorce. Lawyers also set the groundwork for the case by telling you your responsibilities. This includes giving you a rough idea of what the process entails.

2. Starting Your Divorce Case

Your lawyer is responsible for initiating the divorce process. Divorce lawyers speak to their clients about the approach they plan to take in the case. This is vital because everyone has different terms. Some want to participate fully, while others want to leave everything to the attorneys.

3. Providing Expert Advice

The primary reason people hire divorce attorneys is a lack of legal knowledge. Winning a divorce case depends on a wide range of factors. This includes how well you understand the law on divorce matters. You need a solid legal background to handle such cases.

Your lawyer will be helpful because they possess industry knowledge. They will give expert advice about your strategy and how you could win the case. 

An attorney will also help interpret the law by breaking down legal jargon that is difficult to understand experienced divorce lawyers work with client terms while playing an advisory role. This makes it possible to work on a strategy that will get you the desired results.

4. Saving You Money and Reducing Stress

Divorce lawyers get paid for the services they deliver. The amount you'll pay to a lawyer will be lower than the amount you would spend if you did it yourself. You’ll make significant savings when you hire a lawyer and you’ll get better results than you expected.

In addition, you will save yourself the stress of handling the case. The divorce involves many steps. Outsourcing some work will give you time to focus on other important tasks, like spending the time with your children, assuring them that all is fine.

5. A Divorce Lawyers Role in Contested and Uncontested Divorce 

There are two types of divorce. Depending on your needs and preferences, you could go through a contested or uncontested divorce. A contested divorce follows the whole process of litigation, hearing, trial and final settlement.

On the other hand, an uncontested divorce doesn't follow all the processes. Instead, it goes straight to settlement discussions. Both types of divorce can involve lawyers. They will play a  different role in each of these scenarios.

You'll agree on the path to take once you have a divorce lawyer. An experienced divorce lawyer can handle any divorce and ensure you get a good outcome. All you need to do is plan on how you'll go about the case and what you should do to get good results.

5. How Do I Know That My Attorney's Doing Enough?

The next question that may trouble you is how to rate your attorney's work. Start by looking at how they presented their argument to the courts. The argument has to be strong enough to satisfy you and convince the court.

The divorce process is complex so you shouldn’t be in a hurry to judge your attorney's work before looking at the scope of work.Seek first to understand what they are doing to make things work. 

Consider the aspects of the case that are within their control and those that aren't. External factors may prevent your attorney from helping you get the desired outcome.

An excellent example is where your spouse fails to cooperate. That may extend the time it takes to finalize the divorce. It could als be that the court's calendar has slowed the process. Consider the effects of all these factors on the outcome of your case.

That doesn't mean the attorney should fail in their duties. They should provide the high quality work that you expect from them. It's the attorney's job to communicate effectively with you and let you know about the progress of the proceedings so that you're always updated.


When you hire a divorce lawyer, your input is vital to the divorce process. You will work with your attorney throughout the process. The end result will depend on how the attorney handles your case.

This article has discussed the various roles that divorce lawyers play and shown that divorce attorneys are indispensable in this process. You need an attorney to simplify the work and increase your chances of getting the outcome you desire from your case.