Selecting a divorce attorney is a critical decision making process here in the Ramah area. 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. Do not fear though, we are here to help you in finding your family law lawyer!
Tips for Hiring a Family Law Attorney
I recently overheard someone in a bookstore telling a group of people why they should not have their own attorneys, how they could not trust lawyers, how lawyers would cheat them and how they should rely upon the company the speaker belonged to instead. That conversation got me thinking about why people facing separation and divorce need not just any lawyer, but a good divorce lawyer.
Reason #1-What You need to know
You need to know your rights, duties and responsibilities under the law. Only a lawyer who has been retained to represent your interests can advise you. How can you realistically discuss financial arrangements in separating and divorcing, if you don't know what your rights, duties and responsibilities are? Not knowing what your rights are can result in not getting your fair share of assets, your fair share of support or your fair share of time with your children. Not knowing what your duties and responsibilities are can result in your paying more than your fair share of assets or your fair share of support. Most attorneys offer a special reduced rate for consulting services to encourage people to get advice early and often. There is no reason to rely on backyard fence advice, when you can get real advice from a qualified experienced divorce lawyer for a reasonable fee. Furthermore, in my experience, the backyard fence advice is usually wrong. Remember that if what you hear is half true, it is still wrong.
Reason #2-Backyard Advice
My friend is divorced. Why can't I rely on my friend's experience and knowledge. Well, you could do that but what you need to realize is that unless your friend is a licensed attorney, he/she is not authorized to practice law. Your friend's knowledge will be limited to his/her particular experience. His/her experience with the law is limited to the facts of his/her case and the law as it was at the time. Things change. The law changes. Any change in the facts will change the outcome or advice. Furthermore, changes in the law will change the advice. Your friend simply lacks the knowledge and experience to give sound practical legal advice.
Reason #3-Identifying Issues
The sooner you get a lawyer, the sooner you will learn what you need to know to protect yourself (and your children and property interests). Sometimes people have no idea how to go about identifying the issues they need to discuss, even if the separation is an amicable one and the parties anticipate a "friendly divorce." A good, experienced divorce lawyer can assist you in identifying the issues you need to discuss with your spouse to achieve a comprehensive agreement and global settlement. Over the years there have been numerous times when we were able to point out to clients areas they had initially overlooked and issues which should be included in their settlement discussions, such as life insurance, health insurance, and children's educational needs.
Reason #4-To Share or Not to Share?
My spouse already has an attorney. Do I really need to get one too? Can't the same lawyer represent us both? The answer is no, not really. 30 years ago when I first began practicing law, it was strictly forbidden for a lawyer to represent both sides to a divorce, no matter how "friendly" it was. There are some limited circumstances in which dual representation might be allowed, provided there is full disclosure of potential conflicts of interest and a waiver of conflicts with informed consent by both parties. These situations are limited and in the event that unhappy differences or disputes should arise, the attorney must end the representation and both parties must seek new counsel. Frankly, we rarely if ever agree to dual representation. We represent our clients zealously within the bounds of the law and the conflicts in representing opposing sides are too apparent for us to agree to do so. Not only that, but if your spouse has a lawyer, that means that he/she has already sought legal advice and has some rudimentary knowledge of his/her rights, duties and responsibilities under the law.
Someone once said knowledge is power. Would you rather be the one with the knowledge (and the power) or the one without knowledge? How trusting can you be of your spouse or his/her attorney in the circumstances? Remember that your spouse's attorney already represents your spouse. In our experience, spouses, especially those who tend to be controlling will think nothing of misrepresenting the law to gain advantage in the negotiation. Recently a client told me that her husband who remains in the marital home told her that she was now his "landlord" and therefore she could not re-enter the home without his consent and presence and that his lawyer said so. Needless to say, everything he told her was wrong. Her husband also told our client that they did not need to use lawyers and could reach an agreement on their own without lawyers. He also said that if she insisted on having her attorney review paperwork before she signed it that he would find something to disagree with on each draft to drive up her costs. Clearly he was trying to manipulate, intimidate and control his wife, who was wise to seek her own independent counsel from a knowledgeable, experienced divorce attorney.
Reason #5-Do You Feel Lucky?
Going to a court hearing in a pending divorce without a lawyer is like playing Russian Roulette. How lucky do you think you are? Would you perform surgery on yourself or would you seek out a qualified surgeon? Why do you think that you know enough to represent yourself in court? Do you know what your rights, duties and responsibilities are? The judge won't help you out if you don't know what you are doing. There are rules of evidence and rules of procedure that govern hearings. You need someone on your team that knows the rules of the game. You will need someone to prepare you for your testimony in court so that you don't put your feet in your mouth up to your hip bone. You will be bound by the things that come out of your mouth in court. Recently we spoke to a man who incurred spousal and child support obligations of $4000 per month. The court issued an order based on erroneous exhibits filed by his wife's attorney and based upon things he said in open court as to his income which were not accurate. A skilled trial attorney can get you to say things that you don't mean to say, especially if you have not been prepared for your testimony.
Reason #6-Too Little, Too Late
Going to see a lawyer after you have already signed papers or participated in depositions or hearings pro se (representing yourself) is like closing the barn door, after the cow got out. Just because you were not represented does not mean that you can get out of a bad decision or bad deal you may have made or get out of rulings the court made when you were unrepresented. The time to get advice is before you sign. The time to get advice is before you go to court. In fact, you should get advice as soon as you receive legal notice of a pending lawsuit against you.
If you are reading this and you have already signed papers, you should still consult with a good experienced divorce attorney to have the papers explained to you and to review t he papers to see if there are any loopholes that may be used to renegotiate terms move favorably to you or to insist upon "clarification" of the agreement. The attorney can also explain the consequences of having signed the paperwork.
If you are reading this and you are in the midst of a divorce action and have been to depositions on your own, you should seek an immediate consultation with a good experienced divorce attorney to see if there is any legal basis to suppress the depositions. Be sure to take all of your documents with you to the consultation. We have seen situations where it was possible to reopen a case for a client because the depositions were taken too early. In such situations, the depositions were quashed by filing the appropriate papers under the rules of court. In your case it may be too late to do anything, but you should at least talk to a divorce attorney right away to be sure.
Reason #7-Isn't a Lawyer a Lawyer? (A Rose by Any Other Name...)
I know a lawyer who did the closing on our house. Can't I go to him/her for advice about separation and divorce? Yes, you could but there is a saying that if the blind lead the blind, they both fall in a ditch. Would you go to a podiatrist (foot doctor) if you had an eye infection? You could; after all, the podiatrist went to medical school and learned about the body, including the eyes. The questions are how much, if anything does he/she remember, is he/she current on the medical literature pertaining to the eye and infection, including the diagnosis and treatment of the eye? I have seen horrendous separation agreements prepared by lawyers who do not devote at least a significant portion of their practice to family law but were trying to accommodate a friend or relation in their time of need. Actually a lawyer should decline a case, if he/she does not believe that he/she has the knowledge and experience to handle it or that he/she is not willing to acquire the knowledge necessary to handle it.
It takes a significant amount of time to keep up with all of the changes in the law that affect separation and divorce. Think about it. Every week somewhere there is a court, either federal or state making a decision that could affect your situation. Every week that the legislature is in session, whether Congress or the General Assembly, they make decisions that could affect your situation. An experienced divorce attorney should make it a point to review new cases and statutes looking for those that affect family law practice; all of the best family lawyers do.
Reason #8-Prepaid Legal?
If you have paid for this service, then certainly you can talk to one of the participating attorneys. But unless the attorney is an experienced divorce lawyer with a significant portion of his/her practice devoted to separation and divorce and related issues, you should give serious consideration to looking outside of your prepaid plan. Has the lawyer written any books or articles on separation, divorce or related issues that are published? I am not a participating attorney in a pre paid legal plan. The best divorce lawyers are not participants in "prepaid" legal. To my knowledge there are no fellows (members) of the American Academy of Matrimonial Lawyers who participate in pre paid legal services plans. If you are reading this report and have personal knowledge of an attorney who belongs to the American Academy of Matrimonial Lawyers and also belongs to a pre paid legal plan, please email us at firstname.lastname@example.org to report the name of the attorney so that we can verify the information and update this report.
Think about what is at stake; the custody and support of your children, and the division of assets you may have worked your entire married life to accumulate, including your home, pension, savings, military retirement and/or 401K. Do you really want to cut corners when it comes to your kids? Your home? Your pension? Your retirement?
Reason #9-A Ship Needs a Navigator
If you think of your legal case as a ship, the client is the captain of the ship and the client's attorney is the navigator. The navigator doesn't decide where to go, but he/she does map out the best course to arrive at the destination. Divorce is difficult, even "friendly" divorce is not easy. It can be an emotional rollercoaster. You need emotional, psychological and legal support. In choosing to separate and divorce, you will be faced with important decisions that will affect you, your spouse and your children not only now but in the foreseeable future. Passions can run hot during this difficult time and you need a clear head. You need a team of individuals including someone knowledgeable in separation and divorce law to help you see clearly and navigate the difficult and sometimes angry waters of separation and divorce.
Not having a good divorce lawyer at the planning and separation stage leaves you without the sound advice and rational third party perspective you need to make decisions which can bind you for life. Not having a good divorce lawyer at the divorce stage leaves you without the knowledge, experience and advocacy of a good experienced divorce attorney. It leaves you at the mercy of your spouse and your spouse's attorney. Neither your spouse nor his/her attorney is there to show you mercy. You need someone to fight for you when you cannot fight for yourself. You need someone to help you understand what is gong on and how to act in the storm.
You need someone who can help you to be pro-active and not simply re-active to steps that your spouse takes. You want a team to support you, a team which can and should include your pastor, rabbi or spiritual advisor, your CPA or tax advisor, extended family, friends and a good experienced divorce attorney.
Reason #10-You Need an Advocate
You are going through a traumatic experience. Divorce is one of the most difficult experiences in life, second only to the death of a spouse. You need someone who understands what is at stake and will advocate for your interests with not only knowledge and experience but passion and feeling. When you interview attorneys, find out why they practice family law and what motivates them in advocating for clients. What is it that makes them passionate advocates? I recently spoke with another trial attorney who does not generally handle divorce work. He usually handles criminal and traffic defense and civil suits for money damages; he told me that he was forced by the poor economy to take a contested divorce case. Divorce and family law are not his first choice of trial work. He is doing it now solely for the money. Is that the motivation you would want in your attorney? Or would you rather have a lawyer who has made a conscious decsion to focus on family law and uses his/her life experience such as knowing what it is like to be a child of divorce to relate to the circumstances of your case and to advocate for you with passion and conviction?
Why Hiring a Divorce Attorney Is A Good Idea
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.
Tips for Hiring a Family Law Attorney
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.