Divorce litigation can hire a lawyer, or not to hire a lawyer, divorce proceedings whether to entrust a lawyer ** litigation is the freedom of the parties, the "Civil Procedure Law" stipulates that the parties can entrust a lawyer ** litigation, but this is not a mandatory provision, the parties can choose to please or not according to their actual situation.
Divorce proceedings, the role of a lawyer.
1. Some simple divorce cases with little controversy can be mastered by many ordinary people through self-study and consulting lawyers. However, if it involves some professional and complex legal issues, I am afraid that I will not be able to solve the problem by "cramming on my feet". And at this time, the usefulness of lawyers is reflected.
Lawyers can provide professional legal knowledge to help you analyze relevant facts, provide legal advice, formulate strategic plans in mediation, etc. Many lawyers, on the issues disputed by the husband and wife, can use legal theory knowledge and professional judicial practice to provide reasonable opinions and suggestions from your point of view, refute the other party's point of view, and strive for the support of the judge.
2. Help you get evidence:
In a sense, a lawsuit is also a piece of evidence. In terms of family property, extramarital affairs, domestic violence, etc., it is difficult to obtain evidence. Where can I find these properties? What counts as a concealed transfer and not someone else's property? What kind of evidence can prove an extramarital affair?
What is the method of obtaining evidence to be effective? Can the court admit the recording evidence? These issues require both legal knowledge and practical experience. All of these require the advice, guidance, and assistance of a lawyer.
03 The role of a lawyer in the mediation stage of suing for divorce:
Every couple divorce needs to go through the mediation stage. However, when the husband and wife negotiate, they will inevitably be affected by emotions and fall into "two misunderstandings".
One is: don't fight for steamed buns. Do you want a divorce? I won't leave. If you want to have children, I must too. Do you want property? I just won't give it to you. Use these as punishment for the other party to make amends for the harm you have suffered.
The second is that they cannot get rid of the inherent "mode of getting along" and lack a certain negotiation ability.
Husband and wife have been married for many years, and often have formed a fixed mode of getting along, either "the west wind overpowers the east wind, or the east wind overpowers the west wind", one party is in a dominant position, and the other party accommodates and follows.
When it comes to litigation and divorce, it is difficult to change this pattern. One of the parties will inevitably be affected by the weakness of the heart, unable to argue on the basis of reason, reciprocal negotiation, and inadvertently lose the benefits to which it deserves.
At this time, the role of lawyers is very large. As a "third party", the lawyer will not receive emotional interference from both husband and wife. Instead, it starts from rationality and helps you fight for the results you want relatively objectively.
04 Help with a series of legal procedures, saving you time and energy.
Divorce litigation will definitely involve a series of issues such as drafting legal documents, handling case filing procedures, communicating with judges, and receiving judgment documents on behalf of others. Ordinary people may not know much about these procedures, but lawyers are different and can be said to be quite familiar with these procedures.
What needs to be paid attention to, what should be done, and what not to do in each procedure will definitely be much more efficient with the help of a lawyer.
Under what circumstances do I have to find a lawyer for divorce?
1. Intricate divorce cases.
Evidence in a divorce case runs through the entire process, and if one party designs a trap for the other party to obtain some so-called extramarital affair "evidence" in order to achieve the purpose of divorce or to obtain divorce compensation, how should you deal with this? If both parties are fighting for custody of the child, and neither party is willing to compromise, then how can you prove that it is better for the child to be raised? If the other party has already begun to transfer or conceal the joint property of the husband and wife before the divorce proceedings, how should the evidence be collected? ...
Divorce disputes are all-encompassing, and any situation can happen. At this time, the role of a divorce lawyer comes to the fore. How to rationally clarify your innocence, how to focus on the other party's claims, or the evidence that the other party intends to collect, and legally fight for your due rights, a divorce lawyer can help you protect your legitimate rights and interests to the greatest extent.
2. Divorce cases involving property disputes.
In some divorce cases, although the facts of the case are simple, they involve property disputes, and the issues disputed by both parties are blank in their own cognitive fields, and even the judgments of courts in various courts are different for a certain type of divorce case. For the handling of this type of case, it is necessary to hire a professional divorce lawyer to help you at this time. Beijing divorce lawyer