According to the American Psychological Association, about 40 to 50 percent of married couples in the United States divorced in 2017. Peek Family Law Attorneys are able to help clients through this difficult time. Divorce has become an acceptable exit for many couples from “bleak marriages” In 2017, the divorce rate was 3.5 per 1,000 total population in Arizona. The stigma divorcees faced in the past has reduced drastically in today’s world, and divorcees are praised for valuing their mental health rather than putting up with a partner who hurts them.
Reasons For Divorce
Here are some of the top reasons for divorce:
- Lack of individual identity
- Physical or verbal assault
- Sexual violence
- Drug abuse
- Becoming lost in roles
- Lack of intimacy
- Different priorities and interests
- Inability to resolve conflicts
- Unmet expectations
- The realization that the marriage was for the wrong reasons
- Lack of individual identity
In the world today, attorneys play a significant role in ensuring their clients go through a seamless ordeal. Due to human emotions, divorces are emotionally draining, especially when children are involved. Financially, divorces also take a toll on the parties involved. Hence, attorneys are essential third parties whose objective legal counsels help make the separation between two married persons final.
Major Roles Of Attorneys In Divorce
- Providing legal counsel
- Serving as legal guides
- Helping with custody plans
- Representing clients in court
- Drawing up divorce papers
Ways Attorneys Solve Divorce Cases
In solving divorce cases, attorneys use the following procedures:
1. Valid defense
Grounds for divorce vary across states and continents, so the reasons for the divorce must be solid enough for the court in a particular state or country to grant such. Divorce cases are just like every other case presented before the jury. What wins cases is an attorney’s ability to build a defense that will be impregnable by the opposing counsel. This is one-way divorce attorneys solve cases. A good attorney is prepared for any attack by the opposition and so builds his defense against any such accusations his opponent might raise against his client. For instance, an attorney who realizes his client is a junkie would have to create arguments defending his client’s habits. Such an attorney might blame the use of drugs on the other spouse, claiming that the treatment meted out on his client in the marriage pushed them into drug use.
2. Getting compelling evidence
Another way attorneys solve divorce cases is by getting compelling evidence. One of the causes of divorce is abuse which could be physical or verbal. For such a reason, the court would demand evidence or proof to show that there is indeed a history of abuse. In such a scenario, an attorney could win the case by advising the victim to plant cams which will enable his client to get first-hand evidence about what they are experiencing.
3. Developing a convincing story
Chaim Steinberger in Divorce and Family Law Lawyers proposes this as another way of solving a divorce case. He states that “for every controversy, there is always a narrative, and both parties claiming to be the right and discontented one”. Each of these stories could be true, but it is in the development of a story that can appeal effectively to the psychology and emotions of the judge that an attorney solves a case. An attorney with the proper knowledge of human psychology develops a story that will help them solve an issue. Researching the presiding judge’s background or history could do the trick. A judge with a history of being physically assaulted could be easily influenced by an attorney whose client wants a divorce on the grounds of physical assault.
4. Forming an attack theory
James Finsweet suggests that building an attack theory against the defense is yet another way attorneys solve or win a divorce case. This contrasts with building a solid defense and often works when the divorce case involves a child. Here, the attorney uses a forceful approach by exploiting the opposition’s weakness. In a case where the defect is excessive drinking, the attorney can emphasize the fact that a man/woman who is given to drinking to the point of getting drunk is unfit to raise a child. Or, in an instance where the opposition does not have a well-paying job, the attorney can stress the inability of that parent to give the child the proper care and necessary needs a child should have, and in doing this, the court is most likely to rule the case in his client’s favor.
Negotiating is another way of solving a divorce case. There is usually so much emotional strain and tension surrounding divorce cases, and in most cases, the couple involved see each other as enemies. Again, this is most likely to happen when there are/are child/children involved, and both parties are fighting for custody. Enmity would be an everyday occurrence, and in such situations, peaceful negotiation could suffice. An attorney could approach the opposing party with the intent of settling the case without a long and drawn-out battle in court. This could be achieved by agreeing amicably on sensitive issues such as child custody, alimony, etc. Both parties, through the intervention and counsel of their attorneys, could agree on the kind of child custody (whether full or shared), percentage of alimony, etc. This method also helps to dissipate anger and make both parties realize that they shouldn’t be enemies. So this is a win-win situation. This is the most preferred method as it saves a lot of resources for the would-be divorcees. Negotiation should be tried first, and if it fails, other methods could be applied. It is the easiest way to settle a divorce case.
The Importance Of Divorce Attorneys
Attorneys are paramount in solving divorce cases due to their knowledge of the rudiments of the law, and their legal counsel and strategies enable their clients to get the justice they deserve.
Peek Family Law attorneys are able to help their clients with their divorce. They handle the legal part of ending marriages and strive to ensure that their clients get their desired outcome during their divorce.