Role of Divorce Lawyer in Divorce Proceedings


Contrary to popular belief, family lawyers who specialize in divorce and related matters play a significant role in divorce proceedings. There is widespread consensus among people in general that getting a divorce is no rocket science and they can manage the same without any kind of assistance/help from professional legal experts. This blog seeks to rebut this presumption.

Though it is true that compared to other legal proceedings like criminal matters, family proceedings are less rigorous, in that, many kinds of evidence that are inadmissible in criminal proceedings by virtue of the Indian Evidence Act, are admissible in divorce proceedings. The requirements relating to burden of proof are also not very stringent and many procedural nitty-gritties relating to formats of plaints and written statements are also relatively relaxed.

But, there exist other complications, which might well be easily over-looked by other people if expert legal advice is not sought and the ramifications of ignorance of these minute but significant aspects can possibly be long-term. Therefore, it is essential to understand the role of a divorce lawyer in divorce proceedings. If you are a resident of Coimbatore then you can definitely consult expert divorce lawyers in Coimbatore

More often than not, there is a stigma attached to divorce the world over, which is predominantly more in Indian societies. Moreover, for the client, in almost all the cases, it is his/her first time being exposed to the experience of divorce, except for the rare cases in which the person is getting divorced for the second or the third. First time divorcees can tend to be apprehensive of the entire process. Also, at the same time they are also dealing with other kinds of pressures from the family, friends, the contesting spouse and therefore are mentally in a vulnerable position.

This vulnerability can disable them from being able to weigh the pros and cons of every available option. There also exists the possibility that the client is not aware of all the options that are available to him or her.

Since the divorce attorney deals with the case as a third-party, he/she can act objectively and therefore render advice that is actually in the best interests of his/her client. Also, since lawyers frequently specialize in one kind of subject matter, he/she would have handled several divorce matters prior to any given case. As a result, he/she will be able to use experience from those cases too, in the instant matter, in order to give the client the best advice.

Additionally, apart from rendering legal advice, the divorce lawyer can also help the client with emotional and psychological counselling so the client doesn’t feel over-whelmed during the entire process and by learning stories of other clients of that divorce, it will also be much easier for the client to come to terms with his/her divorce and eventually accept the normalcy associated with divorce.

Without legal advice, there is also the risk of getting carried away by the pressure put by the opposite spouse and eventually succumbing to his/her demands, resultantly ending up with a divorce settlement that is unfavorable to the client.

Divorce proceedings in India can broadly be of two types, Mutual Consent Divorce and Contested Divorce. Though the role of a lawyer in cases of contested divorce is relatively more, the role in mutual consent divorce is no less.

In a contest divorce case, the lawyer has substantial role to play like, appearing on behalf of the client, submitting the plaint or written statement, drafting notices and replies to be sent to the opposite party, looking into the facts of the case scenario and analyzing them, advising the client on how to go about arguing the matter and what kinds of weighty evidence which need to be submitted, informing the client about her rights with respect to maintenance, custody, alimony etc.

Even in a matter of mutual consent divorce, the lawyer has to advice the client on what favourable terms to be included in the settlement/agreement so that the client doesn’t have to face legal hassles in future, post the settlement, since the situation will then be irrevocable. Even the courts wouldn’t seem to be very enthusiastic in encouraging any modifications/alterations in the future.

Therefore, the role of a lawyer in a divorce case can neither be undermined nor be neglected.