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5 years ago Business Law

Skill that are needed of divorce lawyer in divorce case in Nepal

Skill that are needed of divorce lawyer in divorce case in Nepal

The term divorce lawyer is not a special qualification or job title, but it is the term for a lawyer who mainly works in divorce law and accordingly submits the divorce for you to the family court. Divorce is the legal and definitive break of the marriage bond between spouses. It can be requested at any time during the marriage and you can count on a divorce lawyer in this process. In the case of a mutual consent divorce, when there is an agreement by both parties for divorce and if they do not have any children. The divorce can be done easily with the presence of a divorce lawyer. It is possible to choose different law firms for each spouse or the same divorce lawyer for both parties. That way, the process takes place quickly and the result comes out on the same or the next day. The sharing of assets, custody of children, and eventual payment of alimony can also be carried out in a more practical way with the assistance of the divorce lawyer. The divorce lawyer will provide the necessary support so that all steps are carried out in the most smooth and successful way possible.

What skills are needed in a good divorce lawyer?

Getting a divorce is a very delicate process, therefore, a divorce lawyer must be a trustworthy and understanding professional who will assist you in a collaborative manner throughout the journey. It is important to have a good divorce lawyer to ensure that all rights and duties are fulfilled, especially when it involves children. Therefore, we have listed the following skills that a good divorce lawyer should have:

  1. A good divorce lawyer should seek for the cause of divorce

The divorce lawyer has the obligation to fulfil his duty honestly. It is a true duty of the divorce lawyer to make an n effort to maintain the marital relationship to be always harmonious. In recent events, the couple suffers from mental tension and stress. Because of the lack of tie towards each other or because one of the spouses always keeps busy. therefore, when the couple seeks you as the divorce lawyer to assist them in the divorce process. the divorce lawyer should listen to both the couple to find out the cause for the divorce. A good divorce lawyer should follow the case minutely, give attention to every detail so that the divorce process can be less painful and emotional for the couple. therefore, a good divorce lawyer should be multidimensional and should follow every rules and regulations of the court.

  • A good divorce lawyer should give the proper suggestion

After finding out the cause of the divorce, then a good divorce lawyer should find out the immediate need of the spouse who is filing for a divorce. If the spouse is suffering from mental distress, then a good divorce lawyer should refer him or her to a good psychiatrist. If the spouse is suffering from physical injuries, then a good divorce lawyer should refer him or her to the hospital for the treatment.

  • A good divorce lawyer should have good communication skill

Since divorce is a two-way process that is both husband and wife are involved, therefore a good communication skill is required by the divorce lawyer. A good divorce lawyer is the one who is able to communicate all the legal matters and explain them clearly to his client. In the legal proceedings of the divorce case n the court, a minor mistakes can result in grave consequences. A good divorce lawyer is the one who can make his client franker so the client can speak freely about the cause for divorce. A divorce lawyer should be able to understand the disputes that are present between the couple.

  • A good divorce lawyer should provide all the information in a simpler way

A good divorce lawyer should not only understand the cause of the divorce and disputes present between the couple. But a good divorce lawyer should be able to explain all the information clearly to his client. The client seeking for divorce may not know all the legal words, the client may not understand all the legal proceedings taking place n the court. It is the duty of the divorce lawyer to explain every minute detail so that the client can understand properly what is taking place and what is to be done next.

  • A good divorce lawyer should be able to assist his client in making a decision

the present day Nepalese society is changing its norms and custom. Now the divorce process is taken as a normal process. therefore, a good divorce lawyer should have up to date knowledge of the changing society and the changing need of his client. the duty of the divorce lawyer is not only to assist in the legal proceedings but also to assist with good advice to his client. So that the spouse seeking a divorce can make a good decision for his or her future.

  • A good divorce lawyer should properly hear his client

a lawyer is a profession where you have to talk a lot. But a good divorce lawyer is the one who not only talks on behalf of his client but who also listens to his client properly. A good divorce lawyer should be able to hear and listen and understand the problem of his client. So that he can take the proper action needed by his client.

  • A good divorce lawyer should be able to make his client talk

Sometimes, when the spouse approach to the divorce lawyer, he or she may withhold certain important information. Such as the occurrence of domestic violence, sexual abuse is such matters where women especially hesitate to talk. A good divorce lawyer therefore should encourage his client to say all his or her suffering so he can take the proper action for their best interest. A divorce lawyer should explain to them clearly that hiding such information is not beneficial for the client himself. When the client starts communicating his or her problem and the occurrence of such abuses, a good divorce lawyer should be able to listen carefully. Sometimes, the client may not speak frankly but his or her body language may speak louder than their words. Therefore, a good divorce lawyer should be able to identify all the gestures and understand their body language while they are talking. Based on this there are two types of listening skill:

  1. Passive listening

Passive listening is that in which a divorce lawyer should listen, 100% listen, without interruption, without precipitations, giving his client time to speak and hear himself. Passive listening is one in which, while listening, a divorce lawyer does not think about what he is going to talk about next, he does not agree or disagree. In those moments, a divorce lawyer simply listens, completely aware of what he hears and who he hears. Only when a divorce lawyer hears this – not as the active subject, but as spectators of those who speak. He will have the chance to help his client. therefore, in passive listening, a divorce lawyer should also pay attention to the gestures and body language of his client. Such as:

  • Eye contact: if the spouse filing for divorce is not making eye contact with the lawyer. That can mean two things-either the spouse is telling lie or the spouse is in severe mental tension and suffering from lack of confidence. A good lawyer should be able to understand all these signs that his client is showing at the time of talking.
  • Posture: if the spouse is in distress, his or her posture will also change. A good divorce lawyer should be able to recognize these postures and identify that his client is suffering from great mental tension. 
  • Nodding: if the spouse filing for divorce is not able to speak because of the distress and emotion, a good divorce lawyer should initiate his client to answer his questions simply by nodding.
  • Express Invitation: a good divorce lawyer should encourage his client to speak up and initiate their talking.
  1. Active listening

Active listening has become a very important technique in terms of establishing an efficient dialogue between the lawyer and his client. The active listening consists of the divorce lawyer listening and the client transmitting his message. This way, a divorce lawyer can understand and carefully interpret the information provided either verbally or non verbally. A good divorce lawyer shows a genuine interest in the speech of his client and thus establish a bond with him.

Conclusion

Divorce Nepal has a team of law practitioners who have more than 30 years of experience in the divorce case. We try to find out the cause of the divorce and provide counseling to the couple in distress. We try to prevent the divorce as much as possible and if all the means of reconciliation are exhausted, then we provide efficient guidance in the legal proceedings of divorce. 

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