What Does a Divorce Attorney Do?

Roles & Responsibilities of a Divorce Lawyer

Below, we outline how attorneys help their clients with specific facets of the divorce process. It is important to note that the specific responsibilities of an attorney can vary based on your specific needs and their services. During your initial consultation with an attorney, they will ask you questions to assess whether your case is a fit for their firm; you should also have questions prepared that can aid in your search for the right attorney.

1. Legal Counsel & Representation

One of the primary responsibilities of a divorce lawyer is to provide reliable legal advice and represent their client's interests throughout the divorce process. This includes:

• Explaining Washington state divorce laws and how they apply to the client's specific situation
• Advising on the potential outcomes of various legal strategies
• Representing the client in court proceedings and negotiations with the opposing party
• Reviewing existing marital agreements and explaining how the terms outlined in those agreements impact your case

2. Document Preparation & Filing

Divorce lawyers are responsible for preparing and filing all necessary legal documents with the court.This includes:

• Drafting the initial divorce petition
• Preparing responses to the opposing party's filings
• Completing financial disclosure forms
• Drafting settlement agreements and court orders
• Filing motions for continuances, attorney fees, etc., as needed

3. Asset Division

Washington is a community property state, meaning all assets and debts acquired during the marriage are generally considered to be owned equally by both spouses. What do divorce attorneys do to help with property division? They can:

• Identify and value marital assets and debts
• Determine which assets are separate property (owned individually) and which are community property
• Negotiate a fair division of assets and debts
• Explain how commingling can affect asset classification as separate or marital assets
• Ensure that the final property settlement is properly documented and enforceable

4. Child Custody & Support

For divorcing couples with children, custody and support issues are often the most emotionally charged aspects of the process. Divorce lawyers help their clients:

• Understand Washington state's child custody laws and best interest standards
• Develop a parenting plan that outlines custody arrangements, visitation schedules, and decision-making responsibilities
• Calculate child support payments based on Washington state guidelines
• Negotiate modifications to custody or support orders when circumstances change

5. Spousal Support (Alimony)

In some cases, one spouse may be entitled to receive spousal support (also known as alimony or maintenance) from the other. Divorce lawyers help their clients:

• Determine whether spousal support is appropriate in their case
• Calculate the amount and duration of support payments based on factors such as the length of the marriage, each spouse's income and earning capacity, and the standard of living during the marriage
• Negotiate spousal support agreements or argue for appropriate support orders in court

6. Alternative Dispute Resolution

Many divorces in Washington state are resolved through alternative dispute resolution methods such as mediation or collaborative divorce. Divorce lawyers not only explain whether alternative dispute resolutions can work for your case but can also play a key role in these processes by:

• Advising clients on the benefits and drawbacks of various dispute resolution methods
• Representing clients during mediation sessions
• Collaborating with other professionals (such as financial advisors or child specialists) in collaborative divorce proceedings
• Ensuring that any agreements reached through these processes are fair and legally binding

7. Trial Representation

While most divorces are settled out of court, some cases do proceed to trial. In these situations, divorce lawyers are responsible for:

• Developing a trial strategy
• Preparing and examining witnesses
• Presenting evidence and arguments to the court
• Cross-examining the opposing party's witnesses
• Making objections to inadmissible evidence or improper procedures

Attorney-Client Privilege & Divorce

Attorney-client privilege is a legal rule that protects the confidentiality of communications between a client and their attorney when the communication is made to seek or provide legal advice. This privilege applies to all forms of communication, including verbal conversations, written correspondence, and electronic messages.

In divorce cases, attorney-client privilege is particularly important because:

1. It allows clients to share sensitive information about their marriage, finances, and personal lives without worrying that this information will be used against them in court.
2. It enables attorneys to provide the most accurate and effective legal advice based on a complete understanding of the client's situation.
3. It promotes trust and open communication between the client and attorney, which is essential for developing an effective legal strategy.

For attorney-client privilege to be truly effective, it's crucial that clients provide their lawyers with all relevant information about their case, even if that information seems embarrassing or potentially damaging.

• Complete information allows your attorney to anticipate and prepare for potential challenges or arguments from the opposing party.
• Your lawyer can only protect you from surprises if they know about potential issues in advance.
• Withholding information may lead to your attorney developing a strategy based on incomplete or inaccurate facts, which could ultimately harm your case.
• If your attorney is caught off guard by information revealed during proceedings, it may be too late to address or mitigate its impact on your case effectively.

Your attorney cannot effectively advocate for your interests if they don't have all the facts. Being open and honest with your lawyer enables them to provide you with the best possible representation and increase your chances of achieving a favorable outcome in your divorce case.

About McKinley Irvin Family Law

McKinley Irvin is the region’s largest family law firm. Our clients benefit from the comprehensive knowledge and thorough approach of a diverse team of distinguished family law attorneys, paralegals, and legal assistants. If you are considering divorce or have been served divorce papers, contact us for a consultation.