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.
Why Hiring a Divorce Attorney Is A Good Idea
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.
Why Hiring a Divorce Attorney Is A Good Idea
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
5 Tips to Help You Find a Divorce Attorney
If you have come to a point in your life when you could use the services of a family law attorney you may be struggling with how to select the right divorce attorney. There are several differences in law firms that you can use to narrow your selections down.
Some of the factors that will affect your selection of a family law attorney are:
A divorce attorney has to be aggressive enough to go after what you want from the dissolution of the marriage. When you go to the free consultation visit you need to ask the divorce attorney exactly what they will do to represent you. You want them to answer with confidence, to have knowledge, experience, and determination. When you hire a divorce attorney you need a "pit bull" that will grab hold of the problem and not let go until they get what they want.
Even though a family law attorney works to help dissolve a marriage contract they must be compassionate to both parties. At one time the couple that is divorcing were in love, and there are other family members affected by the impending divorce, so the lawyer must be able to represent their client while maintaining a compassionate view of everyone else involved.
You need an attorney that will be available to handle the details of your case. When you call for a consultation at some firms you will have to wait several days, or even weeks. If the office manager has to call you and postpone your consultation visit you may be dealing with a law firm that does not have time to accept your case.
When you are comparing law firms that handle family matters like child custody, divorce, and trust funds, you want someone that has experience dealing with the issues you might be facing. You want a law firm that has dealt with many different types of family law matters so that they will be prepared to handle anything that might come up during your case.
Unfortunately you will have to consider the amount of money that the law firm charges to handle cases like yours. Legal representation can be quite expensive unless you carefully select a law firm that has prices you can afford. Some law firms have payment plans that they offer their clients, and some of them postpone payment until the divorce is finalized because the other party may be responsible for some of your legal expenses. You must bring up the matter of fees at your first meeting and establish how much you can afford before you decide on the law firm.
You need a lawyer that has offices close to you. There will be times when you have to go by their offices to drop off documents, or to be briefed on the latest developments in the case. You want to be able to go to these meetings without having to miss work, or rearrange your life too drastically. Try and find an attorney that is in the same town that you are.