What is the role of lawyers in divorce proceedings and how to serve them?

Part one: Early lawyer negotiation Many couples who are about to divorce find it difficult to sit down and negotiate calmly. Due to the lack of mutual trust, it is more difficult to reach an agreement on controversial issues. But we can't think that there is no need to negotiate or draw the conclusion that there is no possibility of successful negotiations. Bian Xiao believes that when it is difficult for both men and women to negotiate, they can ask a lawyer to assist in the negotiation and pay attention to skills. Sometimes they can negotiate successfully.

A lawyer can convince the other party with legal knowledge;

Lawyers can grasp each other's psychology with experience and skills;

lawyers can play the role of intermediary coordination;

Lawyers can facilitate negotiations and avoid the sequela of divorce;

I believe that with the participation of lawyers, there will be hope of successful negotiation, which can avoid litigation, further intensification of contradictions, further injury to feelings and waste of money. Therefore, there should be consultation before litigation. This is the first part.

Part II: Negotiation in the Litigation Stage

If the contradiction between the two parties is too deep, the negotiation fails, or the other party communicates unreasonably, or the other party refuses to negotiate, then the litigation stage will be entered.

The court should examine whether the marriage relationship between the divorced parties has broken down. If the relationship between husband and wife has indeed broken down, the court will decide to divorce, and at the same time, it will deal with property issues and children issues together.

If the court thinks that the marriage relationship between the two parties has not completely broken down, there is still the possibility of reconciliation, it will generally decide not to divorce, and of course it will not deal with property issues and children issues.

negotiation is also needed in the course of litigation. Judges will preside over mediation, and lawyers will also participate in mediation, whether in court or in private. Both sides of the divorce in the litigation stage have ideological pressure. If lawyers pay attention to the temperature and skills, it is still possible to promote the success of the negotiations between the two sides. In the litigation stage, irrational parties are sometimes emotional, it is difficult to negotiate calmly, and even enemies are particularly red. So it is relatively difficult to negotiate at this stage. We should still focus on litigation, promote negotiation through litigation and promote peace through war.

Divorce proceedings are the last barrier of the law and the last choice of the divorced parties. Litigation is not everything, but it is absolutely impossible without litigation. Litigation affects every party involved in litigation; When there are litigation risks and costs-money and energy, the divorced parties will consider choosing litigation or private settlement; When the previous negotiation failed, the second part of divorce-litigation came into being. When the first lawsuit fails to solve the problem, the divorced parties often choose the third part-later negotiation (or even the second lawsuit) after weighing and litigation baptism.

Part III: Later lawyer negotiation

If the court decides that divorce is not allowed, the divorced parties can wait for six months to file divorce proceedings again. However, this is a kind of injury to both men and women with broken feelings. Six months is also a long time, and it is a painful torment.

During this period, lawyers can completely assist the parties to negotiate the divorce issue again, and the possibility of successful negotiation is higher than the previous two consultations, because after one divorce lawsuit, both divorced couples are exhausted, or have reached a clear understanding, or are calm, or both parties are unwilling to see the second lawsuit. In this case, if lawyers assist in the negotiation and make full use of their skills and experience in the later negotiation, I believe the negotiation will be successful.