When a couple can no longer live together peaceably, a heavy burden is usually placed squarely on a divorce attorney in Charleston SC to obtain a legal backing of the same. The role of a divorce lawyer is not to convince a party on the merits of filing for a divorce but rather to translate the intentions of the party into a legal reality. Many challenges face the attorney. First, there is the emotional aspect. A party filing for divorce is usually emotionally drained and disoriented, but those are not the challenges we intend to focus on. Our subject of discussion is tied to the burden of a divorce attorney in the light of the divorce laws.
The laws relating to divorce have not remained static. As the attitudes of the people change, so does the law adapt to the needs of the society. Back in the days when a divorce was considered taboo, stringent requirements were laid down by the law. Clear-cut grounds for filing for divorce were formulated and most times, you had to prove to the court that the other party has committed a matrimonial offence. The grounds for divorce were limited to adultery, cruelty, desertion, and such other overt signals of a marital breakdown. This is what is referred to as ‘at-fault’ divorce.
However, times have changed folks. The law does recognise that parties to a marriage can disagree without necessarily ‘fault’ by their counterparts. A marriage could for instance, irretrievably break down because of reasons not contemplated under the law. Will a party be forced to stay in a marriage simply because he/she has not established a ‘fault’ by the other party? The answer is no. This is what heralded the concept of ‘no-fault’ divorce.
First, there are many forms of no-fault divorce; differing from State to State. While some States are very liberal in the application of this principle, some are quite conservative. It is up to the divorce attorney to know the precise legal status in a particular State.
Also, the process of filing for divorce is usually technical. In as much as the law has appreciated that a matrimonial offence is not a prerequisite for filing for divorce, the law will not downplay the institution of marriage. You cannot marry today and obtain a divorce tomorrow. There is a legal process which must be adhered to.
A declaration that parties to a marriage are no longer a couple is not all there is to a divorce. Issues to do with child custody, spousal maintenance, and division of matrimonial property must be addressed by the divorce attorney in Charleston SC. This is where the heaviest burden is placed on the lawyer. A client will always want to obtain a favourable outcome at the expense of the other. A Counsellor must tread very carefully.
Divorce cases usually have far-reaching implications. The services of a divorce lawyer should always be sought. For contact with a competent Divorce Attorney in Charleston SC, simply visit Phipps Law Firm.