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.
Choosing A Good Divorce Attorney Can Be Difficult
Asking questions to you divorce lawyer is important. These questions will help you have a better understanding of the divorce process and to find whether the lawyer can handle your case effectively or not.
If reconciliation is out of question and you are considering divorce on a serious note, you should consult your family lawyer. Think of all the questions that you wish to ask him and list them down. Then, arrange a meeting with him. Some of the questions that you can ask your lawyer are as follows:
How specialized is he in the field of family law? Other than family law, there are several fields in which lawyers conduct their practice. You must get the help of a professional lawyer who is experienced in the field. You should obviously ask him first whether he is willing to handle a case like yours. Make sure that lawyer is either a member of divorce lawyer Aberdeen.
What would be the dues? In other words how much will he charge for your divorce case? Whether he will accept his pay through a credit card or cash. Do ask him if he is willing to accept a delayed payment in case of an unavoidable situation?
What will be the way or source of communication between both parties? Will you correspond through a mobile phone or email?
Mobile phone communication is much easier than email. Through mobile phones, you can contact your lawyer even from a long distance.
What will be the process of the divorce? It is your legal right to ask your lawyer about the whole process through which you are to pass. He must educate you how to file a petition, how to negotiate regarding temporary orders and all about the trial process.
How much will the whole process take? Lawyers are experienced enough to estimate the time required in any particular case. Ask your lawyer about how much time your case will consume.
How much will the entire case cost? This is the most important question for you as it may affect your savings and earnings. May be your lawyer shows reluctance and refrains from quoting a figure. After all, it is a difficult question to answer. He may be able to give you a rough estimate and not the actual amount since that caries greatly from one case to another. The cost of your case also depends on how much conflicting and difficult the case is and also the steps that you wish your lawyer to take.
What would be his role in terms of making the divorce process less throbbing, less painful and less difficult for his clients? Separation is sometimes very difficult especially if it is not wholeheartedly. This process lands many people into depression and causes a state of severe mental distress. A professional, experienced and a good lawyer keeps his eye on this psychological aspect of his client. Do ask him if he provides recommendation to consult a therapist or counsellor? Does he help his clients to gain knowledge of the process of self-education? Does he recommend you to consult any other member of divorce lawyer Aberdeen?
Is mediation required in your case? It is another question you can ask your lawyer. You can ask him whether he thinks mediation is possible in your case or not? If he gives you a positive response then ask him if he uses private mediation with his clients or not. A lawyer sincere with his client always tries to settle the case once it is analysed. If he does not use mediation or any other mean to settle the case than he is not loyal to his client. So do ask your lawyer if he prefers private mediation or not in order to solve the case.
You can ask your lawyer if he can predict the reaction of the judge regarding your case. Experienced lawyers can easily foretell the reaction of the judge after the hearing of the case. They prefigure the response of the judge as the completely and thoroughly analyse the case. Do carefully listen to their analysis and consider the facts he informs you about. These will surely going to help you out in your case. If you seriously hold the instructions your lawyer gives you this may turn the case in your favour at any stage of the divorce process. The divorce process seems easy but the reality is the other way round. However, if you cannot avoid divorce and it becomes inevitable, then, consult your lawyer. You can ask your lawyer the above mentioned questions.
Good Divorce Lawyer - How to Find Them
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
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.