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.
Tips for Hiring a Family Law Attorney
A divorce is a hard thing to go through. It can be an emotionally and financially draining process. This is a vulnerable time in anyone's life, and choosing a good divorce attorney is a must. You will be putting your life in this person's hands. The outcome of the case can determine your financial standings for many years, and the consequences of a bad divorce attorney can be devastating, especially if there are children involved. Here are some tips for choosing a good divorce attorney.
First of all, you should interview several divorce attorneys. You will need to be able to understand which attorney will work the hardest for you, how much experience the attorney has, and if you will be comfortable working with the attorney. Your divorce attorney will be working for you, and you should ask for references, find out about experience, and speak directly to the attorney. A good divorce attorney won't mind if you ask questions, and in fact, should encourage questions. Any good divorce attorney will understand how much could be at stake in this situation, and will understand that you need to be able to ask questions and receive fair and open answers. You should inquire about the fees at this time as well, and when they will be due.
Typically, this interview process is provided at minimal and even no charge. Unless a particular divorce attorney comes highly recommended from multiple sources, you may want to think twice about paying large fees for this initial consultation and interview.
You might consider opening the yellow pages to search for your attorney, which is fine if you interview them well, but consider another option first. If you have any friends who've had to go through this, ask them for an attorney's name. You will have a good starting point there, because you can get inside info from your friend on how well the attorney works, how hard he will work for you, and what the outcome of the case was.
Usually, a good divorce attorney will try to settle your case without going to court. Attorney's fees are usually higher the longer and more complex the case gets. So, if the divorce can be settled without going to court, the fees will usually be lower. If the attorney suggests that you go straight to court with no attempt to resolve your issues without a judge, chances are he just wants a good payday. In reality, this type of lawyer doesn't care what happens to you or your family, and this is not what you want. A good divorce attorney will still charge his fees, but he won't deliberately try to hike the fees up by going to court when there's really no need. Also, a good attorney would take into consideration the parties feelings and emotions, especially if children are involved.
If the divorce attorney suggests counseling, this is a sign of a good attorney. This shows that the attorney actually cares for the well being of your family. A poor attorney wouldn't care, and would rather you went ahead with the divorce, counseling or not. He would get paid more if you didn't go to counseling. Although a good attorney wants to get paid also, he would rather you and your spouse tried counseling first. If there's a chance to salvage your marriage, a good divorce attorney will suggest you do so, but then proceed with the divorce if there's no other option. Then he will fight to get you what you deserve, and to ensure that you are given a fair divorce hearing.
Choosing a good divorce attorney will ensure that you won't have to worry about your representation, and with everything else on your mind, one less worry is a good thing. This is a time to move on with your life, and look to the future, and with these tips, you are on your way to doing just that.
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
How to Select a Divorce Lawyer
So the time has come and you are making the big step of meeting with a divorce attorney for the first time. You are nervous, unsure, and yet excited about getting the show on the road. But the question is what are you going to talk about?
If you are looking for answers about your impending divorce, then you obviously need to have the right questions. Otherwise, you could end up spending that first hour listening to a "sales pitch" rather than getting the answers that you have been so desperately waiting for. It is crucial that you walk into that divorce attorney's office with a plan of action so that you can make the best of this opportunity. If you have to, then carry a list a questions with you, a checklist, anything that will make sure that you cover all the bases. Otherwise, you could end up to spending extra money down the road by calling and asking questions that you should have covered during that first meeting.
Here is a short list of information that you should be able to walk out of the divorce attorney's office with, and a good idea if this is the lawyer that will fighting for your best interests. Remember your financial situation and a great deal of you post-divorce life will likely depend on how hard your divorce attorney works for you.
1) What is it going to cost you? Get specifics on the attorney's fees, including whether or not he/she wants a a large retainer up front or if they will be billing you on a regular basis. You also need to get an idea of what your divorce will cost. This is just an estimate, but an experienced divorce attorney should be able to give a fairly accurate figure.
2) Get detailed information about their experience in divorce law and how long they have been working in the county that you are filing in. You will obviously want an attorney who specializes in divorce, or at the very least family law. And if he/she is new to the county, then you may want to look elsewhere. For obvious reasons, It is a great benefit to have a divorce attorney who is familiar with the judges and other lawyers in the area.
3) Find out if they tend to take a combative or cooperative approach when it comes to dealing with your spouse's attorney, and how often their divorce cases go to trial. You want this to match your style as well. If you are hoping to avoid conflict and want to "settle" your divorce quickly, you will want to be wary of combative attorneys. But on the flipside, you do not want a divorce attorney that will not fight for your rights if your divorce starts to get nasty.
4) Also, it is not unreasonable to ask what the divorce attorney thinks the outcome of your divorce will be. This includes everything, including what you should expect regarding marital property, alimony, child custody and child support. A divorce attorney that declines to give you information on this is either too inexperienced or is afraid to tell you the truth, especially if it is a type of outcome that might not work in your favor. Either way, if this happens, it may be best to look elsewhere for more experienced, straightforward divorce attorney.
Obviously, there is a lot more information that you would want to get from a divorce attorney. And you also need to be prepared to answer detailed questions from them, so that they can get a full understanding of your divorce case.