You have been considering divorce for some time. Although your decision has been made, the outlook for the next few months seems dizzying. Where to start ? What should you expect? It’s normal to feel lost after making such a decision. Rest assured: using a divorce lawyer allows you to be accompanied and supported throughout the procedure. With JeTrouveMonAvocat, discover everything you need to know about this legal professional: his role, his skills, as well as the criteria for choosing him well.
Lawyer expert in divorce law: his role
Lawyers who handle divorce proceedings generally have specialization and/or experience in family law . This is what allows them to best support and advise their clients. When they embark on divorce proceedings, it can be amicable or contentious . Whatever the case, the lawyer specializing in divorce law is there to provide his clients with appropriate advice and enlighten them on legal questions.
A key player in your divorce
The lawyer who specializes in divorce proceedings must not only be competent in the matter. He must listen to his client, ask him questions and provide him with personalized advice. For example, the lawyer must provide concrete solutions to his client, whether in terms of sharing property, paying the compensatory benefit or even child custody. Finally, he must also demonstrate pedagogy to explain to his client, in the clearest possible manner, the issues of the divorce procedure.
An accompanying and supportive role
The lawyer also has a supporting role. As such, he must be available to answer his client’s questions, and keep him regularly informed of the progress of the procedure. Finally, his mission is to guide his client and offer them the solutions best suited to their situation.
For example, if you wish to initiate divorce proceedings based on fault, your lawyer must tell you what is at stake in such a procedure, and help you assess whether it is better, in view of your personal situation, to favor a contentious divorce or an amicable divorce.
Is a lawyer required in divorce proceedings?
Entering into force in January 2017, the new procedure for divorce by mutual consent (also known as amicable divorce) may have led people to believe, by its “diverted” nature, that recourse to a lawyer was no longer necessary. However, whatever the nature of the divorce, representation by lawyer remais mandatory.
On the other hand, the intervention of the judge is no longer necessary during a divorce by mutual consent, with exceptions. It is now up to the notary to intervene at the end of the procedure to register the divorce. The role of the latter nevertheless remains limited to monitoring the divorce agreement.
Each spouse must be assisted by their own lawyer to draft and sign the divorce agreement. Lawyers thus retain their mission which consists of protecting the interests of each spouse and ensuring the balance of the divorce agreement. In fact, even in the context of a divorce by mutual consent, it is not possible to do without the assistance of a lawyer.
