Going through a divorce is often difficult and confusing. However, your legal team will be able to provide you with support and guidance during this process. There are certain actions you can expect your legal team to do for you during your divorce. A list of some of them follows.
Meet with you prior to the filing of a court action to advise you on actions you should take first. There may be important steps to take before you initiate the legal process. Your lawyer can support you to be well prepared prior to initiating divorce.
Take action to obtain a temporary court order or to enforce existing orders. Temporary court orders are often needed to ensure clarity regarding rights and responsibilities while your divorce is pending. Your lawyer can help you obtain a temporary order and ask the court to enforce its orders if there is a violation.
Explain the legal process during each step of your case. Understanding the legal process reduces the stress of your divorce. Your legal team can guide you each step of the way.
Listen to your concerns and answer any questions. Although only the attorneys can give you legal advice, everyone on your team is available to listen, to provide support, and to direct you to the right person who can help.
Support you in developing your parenting plan. Many parents do not know how to decide what type of parenting plan is best for their children. Your legal team can help you look at the needs of your children and offer advice based on their experience in working with families.
Support you in the completion of your discovery responses and preparing for depositions. The “discovery” process can be overwhelming for anyone. You will be asked to provide detailed information and many documents. Your legal team can make this job easier. Just ask. If your case involves depositions, your legal team will support you to be fully prepared for the experience.
Identify important issues, analyze the evidence, and advise you. Divorce is complex. Often there is a great deal of uncertainty. Your legal team can analyze the unique facts of your case and advise you based upon the law and their expertise.
Communicate with the opposing party’s attorney to try to resolve issues without going to court, and to keep your case progressing. Although your attorney cannot control the actions of the opposing party or their lawyer, your attorney can always initiate communication as your advocate. Phoning, emailing, or writing to opposing counsel are actions your legal team can take to encourage cooperation and to keep your divorce moving forward at the pace you want without the expense of contested litigation.
Think creatively regarding challenges with your case and provide options for your consideration. At the outset, you may see many obstacles to reaching a final resolution. Your lawyer can offer creative ideas for resolving challenges and help you to explore your options to achieve the best possible outcome.
Facilitate the settlement process. Although your legal team can never make the other party settle, your attorney can take action to promote settlement. They can prepare settlement proposals, invite settlement conferences, and negotiate zealously on your behalf.
Knowing the steps that you legal team can take on your behalf may help to reduce the anxiety, frustration, and confusion that can sometimes occur at the outset of the divorce action.
About the Authors:
Marlene Pontrelli is a Member in our Phoenix office. Marlene is a certified specialist in family law. Her practice focuses on all aspects of family law including dissolution, post-dissolution, paternity, child custody and child support matters. She is admitted to practice in California and Arizona. She is a member of the State Bar’s Family Law Practice and Procedure Committee and is a judge pro tem for the Superior Court of Maricopa County in family law. She has extensive trial and appellate experience including appearing before the Arizona Court of Appeals, Arizona Supreme Court and Ninth Circuit Court of Appeals.
Ms. Pontrelli has written several books, including as a co-author of the Divorce in Arizona book. She is a frequent lecturer in the area of family law and has conducted workshops throughout the country. Ms. Pontrelli is also an adjunct professor at The Sandra Day O’Connor School of Law at Arizona State University, where she teaches the family law class. Marlene may be reached in our Phoenix office at 602-285-5081.