As a marriage starts out in euphoria, sometimes it doesn’t last and soon enters into a divorce. Around half of all marriages will fall apart and eventually file for divorce. The next step that should be considered is either obtaining a divorce attorney or attempting to file all the legal documents by yourself. There should be some careful consideration before a decision is made.
No one goes into a marriage thinking they will eventually file for a divorce. Dismally in our society, divorces have become more common and accepting than generations before. Either way, the whole family is hurt by a divorce. Emotions and strengths of character are tested during the roller coaster ride of a divorce. By having emotions and feelings being hit so hard, a person going through a divorce should not have to deal with the legal issues pertaining to their case. This era in one’s life should not be thought lightly and a divorce attorney should be hired to ease the burden. Even if you are contemplating hiring a divorce attorney, it should be considered that even lawyers will hire and delegate their own divorces to other attorneys.
Selecting a Divorce Attorney
Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights.
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.
There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?
There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.
So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.
After you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.
After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.
When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".
Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.
After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.results that you want.
Selecting a Divorce Attorney
Advantages When Hiring a Divorce Attorney
1. Experience- Many people going through a divorce, do not have the slightest clue of the legal proceedings. A divorce attorney on the other hand will know exactly what and when to proceed with filings. Having a legal professional that has expertise in family law will be an advantage to your side. They will be able to educate and inform their clients on the particulars of divorce laws that are unique to your locality. Family law specialists will be able to offer their insight on what the outcome of the divorce will yield. There is no perfect divorce equation, but having the experience, a divorce lawyer can have a good guess on what is going to happen.
2. Local Experience- Hiring a local attorney is much better than hiring a high profile attorney that is not located in your jurisdiction. Not only will they will understand the local laws, but they will have a good impression on other lawyers, court clerks and judges who will be running your case. This is an advantage as the lawyer can predict actions of judges and anticipate other divorce attorneys moves.
3. No Emotional Bond- From the emotional toll before and during your divorce proceedings, you will become attached to certain items and intangible aspects through the divorce. A divorce attorney will not have the emotional bond to a court case that a person going through the divorce will have. There is no doubt that the legal representative will have your best interest, but he or she will not make irrational decisions based on emotions. They will rather base decisions upon fair compensation and legal practices. If a person is going through a divorce with children, these emotions are even higher, having another reason to hire a family law specialist.
4. Efficient- If a person is trying to complete their own divorce, it will take a lot of research, time and effort to understand the legal filing process, terms and procedures. If that same person is working and taking care of kids, it’s nearly impossible to complete efficiently. When hiring a divorce attorney, these tasks will be handled swiftly and professionally by your divorce lawyer.
5. Expertise- By working with the same type of clients and dealing with the legal system, a divorce lawyer has built an expertise in the family law field. Other attorneys may practice different entities of the legal system, but an attorney who deals strictly with family law and divorce, will have built their reputation and expertise in that field. Whenever hiring an attorney, always make sure they have expertise or credentials showing their skills in their field of practice.
If you are deciding whether or not to hire a divorce attorney, it will be much easier on you and your family if you do. By hiring a divorce lawyer, he/she will be giving the professionalism and experience that is needed when dwelling into the legal system. The divorce attorney be as efficient as possible with filing papers with the courts and not having the emotional bond that their clients hold onto during a divorce. Hiring an expert in the field of family law will give you an advantage and save much time and effort during a high turmoil time in your life
Going through a divorce is a devastating thing for most people. It is one of the worst times in anyone's life. It is an emotional time, not knowing what your financial status will be until it is over. Whether you want to or not, it is critical that you find an excellent divorce attorney. Your financial stability depends on it. However it is not always as easy as it sounds. You need to find the best there is, and often it will take some research in order to find someone who will represent your best interests.
When you first start your search, create a list of attorneys that you may be interested in. Make appointments with each of them and then interview each one. Make sure you are speaking to the attorney that will handle your case and not a law clerk or paralegal. Most divorce attorneys will not charge for this initial consultation because they realize they are being interviewed.
Ask them how long they have been in practice and what their success rate is. Ask for references from past clients and speak to them. Also ask them what their fees are and what they include. Find out if you can get questions answered during the procedure without them billing you for every microsecond that they talk to you.
A good divorce attorney will welcome and answer any question that you have. He or she above all understands what is at stake and will do everything in his or her power to get you what you deserve.
Most divorce attorneys do not charge for the initial consultation. However if the attorney is highly sought after, there may be a consultation fee. You may want to consider paying this fee because the attorney did not get his or her reputation for losing cases.
When you first start your search for a divorce attorney, you can start with your local phonebook. Another option is to ask friends and family who have suffered divorce for their recommendations. Personal recommendations can carry a lot of value if you trust and respect the person giving their opinion.
A good divorce attorney will take into consideration the needs of you and your family, especially if you have children. He or she will do everything they can to settle your case out of court. While they usually charge one rate, if the divorce can be settled out of court, most often they will reduce their rate, sometimes significantly.
Be wary of an attorney that wants to go to court. He or she may not have your best interest in mind. Again, if an out of court settlement can be reached, that is most likely in your best financial interests.
A good attorney will also do everything in his or her power to make sure that the divorce is the only answer to your marital situation. This could include recommending counseling. If there is a chance to salvage your marriage, he or she will encourage you to take the chance. Only when there is no other option will he or she proceed with the divorce and make sure that you get your share of the marital assets.
Choosing a good divorce attorney will give you the peace of mind in knowing that you will be well taken care of at a time of confusion, chaos and just a mess of dealings. Divorce is hard on all parties that are involved and with a good divorce attorney; it can relieve some of the stress from your life.