how do i choose the right divorce attorney

by Dr. Anika Olson 10 min read

7 Steps To Choosing The Right Divorce Lawyer

  • 1. Be realistic. First, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. ...
  • 3. Know what you want. ...
  • 4. Identify at least three potential attorneys. ...
  • 5. Interview and research potential attorneys. ...
  • 6. Look for red flags. ...
  • 7. Make your choice.

How to Choose a Divorce Lawyer
  1. Step 1: Understand What Your Divorce Lawyer Does. ...
  2. Step 2: Set Realistic Expectations for Your Lawyer's Role. ...
  3. Step 3: Decide What Kind of Divorce Process You Need. ...
  4. Step 4: Consider Your Budget. ...
  5. Step 5: Do Some Online Research. ...
  6. Step 6: Talk to Family and Friends.

Full Answer

What to look for in a good divorce attorney?

 · How to Select the Right Divorce Attorney: 6 Tips From a Lawyer Tips To Find The Right Divorce Attorney For Yourself. Below you will discover six essential tips for hiring a divorce... Figure Out What Type of Divorce You Want First. Not all divorces are identical. There are many different reasons ...

How to choose a good divorce lawyer?

 · 7 Steps To Choosing The Right Divorce Lawyer 1. Be realistic. First, you need to realize that divorce is a legal process with the sole purpose of dissolving your... 3. Know what you want. Before you rush out to hire a divorce attorney, …

How do I find a good divorce attorney?

Everyone going through a divorce typically needs some sort of legal advice, but some need more counsel than others. For example, if you have a lot of assets, a complicated financial situation, etcetera then you will want to choose an attorney who understands finances and is equipped to handle such a divorce.

How to find the best divorce attorney?

Pick an attorney from your local jurisdiction Many attorneys are licensed to practice in several different states; however, laws can vary drastically, even at the local level. You want an attorney well-versed with the regulations in your area, as well as a familiar relationship with local judges and officials. Find a good negotiator

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How to find a divorce attorney?

Looking in your local yellow pages. Check your yellow pages under “attorney” then searching for ads that list divorce or family law as an area in which the attorney (s) practices.

How to narrow your divorce list?

Look for specialization within divorce law. Another easy step to narrow your list is by specialization within the umbrella of divorce law. Many state bar associations have certified specialists in family law. If you find an attorney who appears to have a specialization, only consider the attorney if you fall within the category that the lawyer usually handles.

How to get a sense of how an attorney would proceed with your case?

Prepare to ask questions related to your specific situation. To get a sense of how an attorney would proceed with your case, make sure to ask some pointed questions during your consultation . Some questions you should ask include:

How to file for divorce after assets are divided?

Consider using an experienced mediator instead. The mediator will work with you and your spouse to come up with a division of assets agreeable to both parties. After the assets have been divided, you and your spouse can file for divorce on your own.

What is a flat fee for divorce?

A flat fee is where you pay the attorney an agreed upon price for the whole divorce, regardless of the actual number of hours the attorney spends.

How to redirect conversation?

To redirect the conversation, politely say, “I am interested in hearing more about that, but first I want to ask a few more questions.”

Why do attorneys withdraw from cases?

It is also important to remember that in certain situations, your attorney may withdraw from your case. An attorney may withdraw due to conflicts of interest; client consent; differing case strategies; a client’s unethical, fraudulent or criminal activities (in these situations an attorney may be required to withdraw from your case); personality conflicts; failure to pay fees; or a client’s failure to cooperate.

How to find a divorce lawyer?

Ask them about what type of client they typically represent. Ask them about their rates. Most divorce lawyers charge an hourly fee and require a retainer -- a fee charged in advance. Some lawyers will also negotiate fees based on anticipated settlements. Don't waste your time (or theirs) on a meeting if they're out of your cost range. Most divorce attorneys provide a free consult to discuss your specific situation and what their legal approach would be. So take advantage of it to gather as much legal advice as possible! Typically, the attorney you meet with will not be handling the day-to-day issues related to your case, so ask to meet the colleague or associate that would. The divorce process can also include financial experts, parenting coordinators, coach facilitators, and forensic appraisers. Find out your attorney's access to these resources and if any would be relevant to your case, as it will affect overall cost. And even if you have no intention of heading to trial, look at the attorney's trial record and history of success in court. This track record is an indicator of your attorney's success in negotiation.

What to do before you rush out to hire a divorce attorney?

Before you rush out to hire a divorce attorney, consider other alternatives to traditional litigation. If you aren't completely entangled with children and finances, you could hire a mediator to help you negotiate the terms of your divorce.

What is the cheapest way to get divorced?

Mediation is the fastest, cheapest way to get divorced, and you might not need to hire an attorney at all! If your negotiation is more complicated, you'll have to hire a divorce lawyer to negotiate a settlement with your spouse's attorney. Or you could consider a collaborative divorce.

What is collaborative divorce?

A collaborative divorce is focused on negotiation with the goal of preserving a co-parenting relationship. Your last resort is a litigated trial. Typically, these are the cases when neither side will compromise. So you need to determine what type of divorce attorney you need based on your unique circumstances.

What is the purpose of divorce?

First, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. Your divorce attorney's job is to represent you to the best of his or her ability in this process.

Do attorneys tell you what you want to hear?

Unfortunately, many attorneys will tell you what you want to hear just to close the deal. While this is your life, it's a business for them. There are no guarantees in this process, so if an attorney is making promises, don't believe it.

What to do if you feel like you have chosen the wrong lawyer for divorce?

If mid-way through your divorce you feel like you’ve chosen the wrong lawyer, don’t be afraid to find a new divorce attorney. Obviously you don’t want to jump from lawyer to lawyer for no reason. But, if you find that you are not comfortable with your initial attorney, it may be best to cut your losses.

What is a divorce lawyer?

Your divorce lawyer is going to be your “navigator” in the divorce process. S/he will be the one who advises you, guides you, and gets you through the court system. No matter which divorce lawyer you choose, getting divorced still won’t be painless, and it likely won’t be easy. But choosing the right divorce lawyer can make your divorce experience the best it can be.

Why are different lawyers different?

You may get two very different views on how you should handle your case. If you do, that’s actually a good thing. You can then think about what each attorney said. Then you can choose the attorney who uses an approach you prefer.

What should a lawyer's website tell you?

Your prospective lawyer’s website should tell you what s/he does, and what his/her philosophy is . If the website talks about how the lawyer will “fight for your rights,” that lawyer is likely a trial lawyer. If the website talks about divorcing amicably or staying out of court, that lawyer is more likely to work well in mediation or collaborative divorce.

Why are lawyers not allowed to use legal rating websites?

That means that they will almost always have poor ratings simply because they don’t actively participate on that rating website.

Is it normal to be nervous when interviewing a divorce lawyer?

When you’re interviewing divorce lawyers you’re GOING to be nervous! You’re GOING to be emotional! That’s normal. Divorce is emotional. And talking to a lawyer about your personal life would make anyone nervous.

Do people complain about their lawyer ratings?

Their rating of their lawyer may have more to do with them, than it does with their lawyer.

What is the goal of divorce?

The goal of your divorce should be to come to a fair settlement while avoiding court. Some attorneys prefer to fight things out in trial, but that method drags out the case and is much more expensive.

Why do lawyers charge more per hour?

Many people think that just because a lawyer charges more per hour that they will get better service and a better settlement. That is not necessarily the case. A higher rate may signify a more experienced attorney, or it could simply mean they primarily practice in a larger market.

What does a lawyer's ad mean?

Ads are simply meant to attract business and don’t necessarily reflect the track record of an attorney.

Do you need to meet with an attorney before you put down a large deposit?

It is vital that you do your homework and actually meet with several attorneys before you put down a large deposit to retain one. Trust is extremely important in the relationship you will develop with your attorney, and you need to meet them to get a feel for that initial first impression.

Is it a good idea to talk to someone who has been through divorce?

Despite the ability of researching on the Internet, first-hand accounts are still a really good way to get quality information.

Can an attorney practice in different states?

Many attorneys are licensed to practice in several different states; however, laws can vary drastically, even at the local level. You want an attorney well-versed with the regulations in your area, as well as a familiar relationship with local judges and officials.

Comments

Hiring a good divorce lawyer is incredibly important. I like the list of questions you provided. I would add the question if a 10 minutes phone call gets rounded up or down. Those numbers can add up quickly, especially if you have a high conflict divorce.

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Who to get divorce lawyer name?

If you know someone who has been through a divorce in the past few years, and was satisfied with their divorce lawyer, get that lawyer's name.

Why is the internet important for divorce?

The internet is best used for gathering information and validating referrals. If someone gives you the name of a divorce lawyer whose website looks like it hasn't been updated since Al Gore invented the internet (or worse, who doesn't have a website at all!), that is NOT a good sign.

Why are lawyers banned from rating websites?

Another complicating factor is that, due to ethical restrictions, lawyers in some states are prohibited from participating in legal rating websites. Finally, you need to remember that people going through a divorce are not happy. Sometimes, even if a lawyer does an outstanding job for them, those people complain.

Is a lawyer rating agency infallible?

Take lawyer ratings with a grain of salt. Lawyer rating agencies are not infallible. A lawyer who chooses not to advertise, or participate in a particular rating site's program, may end up being rated poorly, even though s/he may be an amazing lawyer.

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