The role of the lawyer in matters of divorce and legal separation
The divorce lawyer is a legal professional specializing in family law who exclusively handles divorce proceedings. It deals not only with the patrimonial issues of the former spouses, with questions of alimony but also with the subject of the custody of the children of separated parents.
In the context of a divorce, the lawyer plays three roles:
Mediation: Sandy divorce lawyer communicates and negotiates with the opposing party’s lawyer to reconcile the spouses on the consequences of their separation.
Drafting of acts: the lawyer specializing in divorce drafts acts as well as writings during the procedure such as the petition for divorce but also the divorce agreement, which provides for the effects of the termination of the marital bond in matters of heritage, compensatory allowance, and childcare.
Representation: each spouse is represented by his lawyer specializing in divorce before the Family Affairs Judge (JAF).
It should also be noted that in the case of an amicable separation (by mutual consent), going before the JAF is not compulsory unless a child of the couple requests a hearing. In this case, an agreement between the spouses can be drawn up. It must then be filed with the notary.
The specific case of alimony
In the event of marriage dissolution, the lawyer will also have to play an advisory role with his clients on alimony.
The latter can be considered for a couple without children within the framework of the extension of the duty of help owed between the spouses during the marriage, which can result, for example, occupying free of charge a property held by the couple.
It is mainly considered for couples in the process of divorce and having at least one child.
In an amicable procedure, the spouses must agree on the amount and the terms of the alimony. In connection to a contentious divorce, the lawyers of both parties will have to defend the interests of their clients before the Family Affairs Judge, who will be called upon to rule.
Recourse to a professional may also be possible in the event of a revision of the pension amount.
Divorce lawyer specialty: for what type of disputes?
This specialized profession is called upon in the context of all types of divorces.
- Divorce by mutual consent without going before the judge
- judicial divorce for a fault (on the initiative of one of the spouses)
- for acceptance of the principle of marriage breakdown
- Permanent alteration of the marital bond
Conclusion: the lawyer advises, assists, and represents the clients in all stages of the divorce from separation until liquidation of the inheritance of the former spouses. It may also be requested after the proclamation of the divorce, in particular for the question of alimony (payment, review, etc.).
