Pre-divorce Investigation And Procedures
Pre-divorce Investigation and Procedures
Once the client and the divorce lawyer have established their professional relationship and they have concluded their initial interview, the divorce lawyer needs to evaluate his or her process and procedures. Instead of the previous two parallel courses towards litigation and settlement, the two new parallel courses towards financial discovery and interventions to make successful negotiation and mediation and a lasting settlement possible, without court involvement and continuing conflict.
This interdisciplinary approach recognizes that there may be emotional or psychological barriers to proceeding in the legal divorce. Family members may have problems that complicate the legal proceeding and lead to unnecessary conflict if not addressed.
Initially, emergencies and false emergencies need to be identified. Decisions need to be made as to whether to immediately proceed to court to begin with pre-suit interventions. The family law lawyer should not underestimate the effects of the emotional dissolution of marriage, worry, stress and fear of the future. The intent is to now focus on the interventions early in the legal process and to avoid or minimize litigation.
Divorce can involve other professionals such as psychiatrist, psychologist, or a therapist. Business matters can involve problems that need an accounting or CPA.
When a client states a need for ex-parte relief, a mental health professional should be consulted. The mental health counselor can determine if the client can understand that his or her memory of the incidents may not be clear. The mental health counselor can determine the client’s emotional stage in the divorce.
If the client states that the other party will cause irreparable emotional or physical damage to the client if an emergency ex parte relief is not filed with the court, evaluate the client’s perception.
It is natural and common for a client to worry about fear and change. This is real for the client and they are living these changes. Most families live on two incomes and may be living on one income that will change their standard of living.
Many parents worry about how the other parent who has had little involvement in parenting will care for the children. Worry causes stress. Stress may cause mental and physical complications and biased viewpoints.
The divorce attorney should acknowledge and discuss openly common fears and worries in the framework of the dissolution of marriage.
If the client states there has been abuse look for warning signs such as:
Wanting the divorce over as quickly as possible
The spouse follows the other spouse
Planning a cover story to see the lawyer so the other spouse will not know
The spouse is controlling, excessively possessive
The spouse has to ask permission to spend money
The spouse unrealistically expects the other spouse to be perfect
The spouse isolates the other spouse from friends and family.
The spouse is always blamed for everything
The spouse is cruel to animals or other people
The spouse criticizes and belittles the other spouse
The spouse threatens violence
