how do you pick a divorce attorney

by Fleta Erdman 4 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. ...
  • 2. Stay focused on the goal. ...
  • 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.

Full Answer

What to look for in a good divorce attorney?

You need someone who can take the following actions on your behalf:

  • Review the circumstances surrounding your divorce and how state laws are likely to apply;
  • File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
  • Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

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How to find the best divorce attorney?

Look for the following when you talk to them:

  • Local. You need an attorney who's familiar with the courts and family law judges in your county to strategize appropriately.
  • Communicates well. One of the biggest complaints about lawyers is their unresponsiveness to calls or emails. ...
  • Realistic. ...
  • Experienced. ...
  • Professional referrals and customer testimonials. ...

How do I find a good divorce attorney?

When selecting your barrister, there are a number of things you should bear in mind:

  • Make sure you choose a specialist in family law. A specialist will have the relevant knowledge and experience to handle your case effectively. ...
  • Ensure you feel comfortable with your barrister. ...
  • Find out what other people are saying about them. ...
  • Allow plenty of time. ...
  • Ask lots of questions at the initial meeting. ...

What are the best divorce lawyers?

List of the Top Divorce Attorneys in America

  • Los Angeles Divorce Lawyer | Fernandez & Karney. ...
  • The Betz Law Firm - St. ...
  • Livesay & Myers, P.C. ...
  • Stange Law Firm, PC. ...
  • Berenji & Associates. ...
  • Law Office of Russell D. ...
  • The Mandel Law Firm. ...
  • Los Angeles Divorce Lawyer | Charles M. ...
  • Law Office of Russell Knight. ...
  • Orlando Divorce Lawyer | McMichen, Cinami & Demps. ...

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What should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

What to ask for during a divorce?

What Should I Ask for in a Divorce Settlement?Your Marital Home. Think about what you want from your marital home. ... A Fair Share of Assets. ... Retirement and Investment Accounts. ... Fair Debt Division. ... Parenting Time. ... Child Support and Alimony. ... Your Child's Future Needs. ... Take the First Step with Coumanis & York.

What should you not forget in a divorce agreement?

5 Things Often Overlooked In Divorce AgreementsFinancial Estate Planning. You and your spouse may have spent years building up your estate. ... Taxes. It is easy to overlook taxes in a divorce agreement. ... Power of Attorney. ... Retirement Accounts. ... Debts & Liabilities.

How do narcissists peacefully divorce?

If you are married to a narcissist, here are 10 tips that will help you survive.Don't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can.More items...

What should a woman do to prepare for divorce?

9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.

How do I negotiate my husband's divorce settlement?

How to Negotiate a Divorce Settlement with Your SpouseFocus On Interests Not Positions. ... Be Careful Of “Hard Bargaining” ... Be Careful Not To Destroy The Relationship With The Other Side. ... Recognize The Other Side's Perceptions & Emotions. ... Take Control Of Your Own Emotions.More items...

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.

How to approach a divorce?

Approach. Look for an attorney who aligns with your approach to the divorce. Ask how they would handle your issues. Some may work in a collaborative style that aims to problem-solve and minimize conflict—and perhaps settle the divorce without going to court. Others may take a more aggressive approach. Find the lawyer who will handle your case the way you want to approach the divorce.

What are some good websites to check on divorce lawyers?

Online information portals, such as Martindale-Hubbell, Avvo, and Lawyers.com offer client and peer attorney reviews. Another good source is an association of attorneys focused on divorce and family law that often provides search portals for members, resources, and information you can use to educate yourself about legal issues around divorce. You can also use these sites to check the names of attorneys who have been recommended to you.

What Does a Divorce Lawyer Do?

A divorce lawyer protects the rights of their client, along with handling the related custody and financial aspects of the divorce. Importantly, a divorce lawyer will also explain the law and your available legal options.

What Is the Average Cost of Divorce?

The average cost of divorce in the United States is $12,900. The average hourly rate is $270, as data from Martindale-Nolo shows. Typically, clients pay an upfront retainer fee, which averages $2,000 to $5,000. 5

Why do people hire divorce lawyers?

First, divorce lawyers are skilled at presenting a case to a judge, seeing the big picture, and finding the best deal for their clients. Secondly, divorce lawyers can offer options people may have not realized were available. They may anticipate the outcome, suggest settlement options, and put together a settlement proposal as a result of their experience with similar cases.

How much does a divorce attorney cost?

The total average costs of a divorce can range from $7,000 to $28,000, with divorce attorneys charging an average of $270 an hour. In a 2019 study by Martindale-Nolo Research, attorney fees for divorces lasting less than six months clocked in, on average, at $6,500; those lasting more than 30 months came in at $23,000. Typically, divorce lawyers are paid via a retainer, which requires clients to pay in advance for their services. On average, the startup fees ranged from $2,000 to $5,000. 5

What is divorce arbitration?

Divorce arbitration is another form of resolving disputes in divorce negotiations without going to court, and it can also be speedier. It differs from mediation in that both parties present their case before an arbitrator whom they select, and the arbitrator makes a decision on how to handle their case. The arbitrator is often a lawyer or retired judge. It's important to note, however, that most often, the decision of the arbitrator cannot be appealed.

Know the role of an attorney

Divorce can emotionally put you through a lot–and financially, too. While you may need to vent, scream, just put everything out on the table, know that it’s not part of your attorney’s contract to listen.

Know what you need out of divorce

If there are children involved or major assets, it’s likely your divorce may teeter towards a trial. But if you and your ex can navigate separation outside of court, an attorney who is also an experienced mediator may be better suited for your divorce case.

Research a divorce attorney near you

If you’ve never needed an attorney before, you may not be sure where to begin your search. If you’ve requested referrals from friends and family with no luck, contact your state Bar Association.

Schedule meetings with your top choice divorce attorney

Once you’ve narrowed down your search, schedule meetings with your top choices. Some attorneys offer free consultations or reduced rates so be sure to ask when you schedule your meeting.

Keep focused, even though it can be a long process

You may just want to choose a divorce attorney but you must keep focused. Getting engaged, married, and starting a family likely took time–so does restructuring that unit.

Make sure you can communicate with one another

Communication will be critical in your divorce process. Be sure when choosing your divorce attorney that clear boundaries and expectations for communication are set between you and your attorney, as well as what family members, if any, he or she can speak with.

Hire a divorce attorney

Once you’ve reviewed your options, select the attorney you want to hire and let them know as soon as possible as well as letting the others know you’ve gone in a different direction. Sometimes that courtesy call will benefit you, later on, should you need that attorney for a different family law matter.

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.

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.

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.

Can you go bankrupt if you are living paycheck to paycheck?

If you are living paycheck to paycheck, have no equity in your home, and nothing in your savings account, getting an expensive, high-powered divorce lawyer just might make you end up in bankruptcy court!

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