What Is a Divorce Lawyer and Why Do You Need One

What Is a Divorce Lawyer and Why Do You Need One

Introduction to Divorce Law in San Diego: Understanding the Role of a Divorce Lawyer

To understand the role of a divorce lawyer, it’s worth noting what divorce law covers.

As the Superior Court of California notes, divorce law covers legal cases primarily involving termination of marital status, division of property and debts, custody and visitation rights and child and spousal support.

What Is a Divorce Lawyer?

A divorce lawyer is a lawyer who focuses on handling divorce cases. That means that if a married couple are looking to legal end their marital relationship, divorce lawyers can represent them in court.

However, it’s not just divorce that these lawyers will handle. They also handle legal separation or annulment cases. If you are facing any legal case that involves the end of your marriage or domestic partnership; a divorce lawyer can be involved.

Why Is It Important to Hire a Divorce Lawyer?

A divorce lawyer writing divorce terms while a couple watch
Whether your divorce is amicable or not, the harsh reality is that divorce law can be quite complex. There are many moving parts that may affect how complex and drawn-out a case becomes. Navigating that on top of everything else a divorce brings is a burden you should avoid.

Hiring a divorce attorney in San Diego that can provide expert legal guidance can help you to get through it without legal worries generating even more stress.

What Does a Divorce Lawyer Do?

A divorce lawyer will handle all aspects of a divorce case. As part of their responsibilities, they assist in the preparation of documentation of a divorce– including the paperwork necessary to start the divorce, obtain temporary orders and a final divorce judgment.

They act on behalf of you to ensure that you come out of the situation with the best result possible given the intracacies of your situation.

Expertise and Services Offered by Divorce Lawyers

An unhappy couple sat with a woman holding up her wedding ring

If you’re hesitant about hiring a divorce lawyer, take a moment to consider the expertise and services they offer.

Legal Advice and Guidance

By working with a divorce lawyer, you’ll receive regular legal counsel and guidance. Part of a lawyer’s responsibilities is to help explain the law to you, as someone who hasn’t been trained in family law.

Rather than worrying yourself sick Googling legal terms and jargon you’ve picked up, you can have regular meetings with your lawyer to address concerns and questions.

A great divorce lawyer will be able to assess your unique situation and provide advice tailored to your specific circumstances.

Divorce Proceedings

Deciding that you indeed want a divorce is, unfortunately, not the end of the matter.

The legal process can be complex, and you may feel out of your comfort zone in navigating it.

A divorce lawyer can assist you, preparing and filing the necessary legal documents such as the divorce petition or complaint, financial disclosures, or any other required paperwork.

Child Custody and Visitation

When child custody and visitation disputes are thrown into the mix with divorce, it can quickly feel overwhelming.

A divorce lawyer helps you to understand your rights, working with you towards securing a favorable custody and visitation agreement.

Ultimately, securing an agreement that is in the best interest of the child can be one of the most critical aspects of the divorce process.

Property Division

It can be complex to characterize, value and divide assets and debts that you and your spouse own together or separately. People naturally get quite emotionally charged when it comes to their finances, so having a divorce lawyer assisting can be crucial.

A divorce lawyer can help clients understand the principles of property division, discuss a fair distribution of assets such as real estate, financial accounts, businesses, etc, and do so in a calm way.

Spousal Support

Spousal support (sometimes referred to as “alimony”) may be awarded depending on the circumstances of the marriage and financial situation of the involved parties.

A divorce lawyer can help assist you in evaluating your eligibility for spousal support if that’s an option you’re interested in. Further, they can help you advocate for your best interests during court proceedings.

Child Support

The end of your marriage doesn’t have to mean that your child must be negatively impacted.

Divorce lawyers in San Diego can help you to understand California child support laws and guidelines. From understanding your situation, they can help in determining the appropriate amount of child support based on:

  • Income
  • Custody arrangements
  • Other factors

Attorneys can then argue for this in court in an attempt to win a favorable outcome.

Negotiation and Mediation

Plenty of divorces can be taken care of without having to go through courtroom litigation.

If you’re looking to avoid having to go to court at all, a divorce lawyer can be a great facilitator for that.

They can help to organize and then attend negotiation or mediation sessions, wherein they can act on your behalf to try and reach mutual agreements on key issues such as property division, child custody, and support.

While it isn’t always possible to avoid going to court during a divorce, it is generally less stressful for the parties involved when you can.

Court Representation

If it turns out that an amicable agreement cannot be reached through informal negotiation, then the divorce will have to be resolved in court.

In such a case, a divorce lawyer can represent your interests during court proceedings. They will advise and guide you on the arguments your side will be putting forward as well as updating you on the progress of the case.

Post-Divorce Modifications

After you and your spouse have finalized your divorce, you likely expect to carry on with your life.

In most cases you will be able to, but sometimes issues for the original divorce terms can crop up that require further time spent on it.

Circumstances of you or your ex-spouse could change, leading to post-divorce modifications to be necessary. A divorce lawyer can help you navigate this, assessing which aspects need post-divorce modifications such as child custody, visitation, support, or other matters.

How Do You Choose the Right Divorce Lawyer?

Wedding rings being handed over a table

When looking a divorce lawyer in San Diego, it’s understandable that you want to find the right one for you. You’ll have to do a bit of research on the potential lawyers you look at hiring, but fortunately there are many easy ways to do this.

Check the Lawyer’s Website and Reviews

You can check a family lawyer’s website and see what they say about the law, about who they serve.

Check their testimonials, and their off-site client reviews. What do other clients who have hired this divorce lawyer say about them?

Consider Their Experience and Specialization

You should also consider the experience and specialization you think your divorce lawyer will need. This entirely depends on the situation, so it’s difficult to predict how experienced or specialized you’d need your attorney to be.

By speaking to a divorce lawyer or checking their website, you can usually get an idea for how much experience practicing they have and what they specialize in. You can use your judgment and that information to decide whether to hire them.

What Are the Benefits of Working With a Divorce Attorney?

A person handing over wedding rings to a divorce lawyer with a black gavel on a wooden table

There are many benefits to working with a divorce attorney. While a lot of benefits are fairly broad and apply to working with lawyers in any area; consider the benefits of working with a local divorce attorney.

Legal Representation

A divorce can often lead to disputes, which have to be resolved in a court of law. Since there is a system to the court and the way that cases are presented and resolved, you have to adhere to it.

If you’ve not been trained in law and have little experience of being in court, you will struggle without legal counsel.

Ensuring that you have a competent lawyer to act as your legal representation ultimately protects your interests and gives you a better chance of getting through the case with what you deserve and are entitled to.

Negotiation Skills

As mentioned above, there is a certain way of presenting arguments, facts, and statements in a court of law. Negotiation can be a big part of how a legal case plays out, and in a divorce this is usually doubly true.

Whenever there is a legal dispute, it is wise to have someone trained in law to negotiate on your behalf. It ensures that everything is being negotiated in a way that ensures that your side in the dispute is being argued effectively.

Navigating Divorce Law Matters in San Diego: Why Legal Representation is Crucial

Divorce law matters can be emotionally taxing and end up changing your life.

Whether there is a dispute in the divorce or its amicable, it is natural and justified for you to want a favorable outcome. Making sure that you are clear on what you are entitled to and aren’t being made unreasonably worse off from the divorce is a must.

Protecting Your Rights and Interests

A lawyer writing out a divorce contract on a wooden table with a couple watching and a black gavel in the middle

Protecting your rights and interests is part of a divorce lawyer’s responsibilities. They will act to safeguard your rights, interests, and assets during family law disputes and legal proceedings.

Finding Resolution and Peace of Mind with a Divorce Lawyer in San Diego

Hiring a divorce lawyer in San Diego can help you find resolution to your divorce case.

They can provide support and offer peace of mind during a challenging situation, allowing you to take care of yourself and your family throughout the process.

Happ Law Group P.C. is a family law firm located in the Mission Valley area of San Diego County. Happ Law Group’s mission is to provide individuals in need of a divorce lawyer, child custody lawyer or a lawyer for other types of family law proceedings, with effective and cost-efficient representation. Contact us for a consultation.

DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.