how to know which divorce attorney to choose

by Jeremy Sporer 7 min read

10 Tips For Selecting The Right Divorce Attorney

  • Don’t simply pick the first lawyer you contact ...
  • Talk to people you know who have been through divorce ...
  • Don’t assume that if you’re a man, only male attorneys can successfully represent you ...
  • Be wary of advertisements ...
  • A higher priced attorney does not necessarily mean a better attorney ...
  • Make sure they specialize in family law ...
  • Select someone who has experience with your interests ...

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 should I look for when choosing a lawyer?

Here are 6 qualities you should look for in choosing an attorney:Knowledge and Experience. In searching for an attorney, you should consider whether the attorneys' practice area(s) and experience suits your needs. ... Timeliness. ... Integrity. ... Compassion. ... Professionalism. ... Rapport.

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 can you not do during a divorce?

Top 10 Things NOT to Do When You DivorceDon't Get Pregnant. ... Don't Forget to Change Your Will. ... Don't Dismiss the Possibility of Collaborative Divorce or Mediation. ... Don't Sleep With Your Lawyer. ... Don't Take It out on the Kids. ... Don't Refuse to See a Therapist. ... Don't Wait Until After the Holidays. ... Don't Forget About Taxes.More items...•

What are the 5 stages of divorce?

There are two processes in divorce. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

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.

What is the wife entitled to in a divorce?

Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.

What does a woman get in a divorce?

In general, the wife gets one-third of his salary; but it can change. The alimony is the full and final settlement; it is a lump sum amount. Maintenance can be interim maintenance, which is the amount given to the wife during the course of the case.

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.

What to do if you have a friend who has divorced?

If you have a friend or family member who has gotten divorced, talk to them about who they used and whether they would use that person again.

How does conflict affect divorce?

The amount of conflict in the divorce process will have a huge impact on how your divorce plays out. Divorce cases that have high conflict couples may end up taking years to be fully decided, and you will likely need to go to court to get a final decision.

Is an attorney a therapist?

Although some lawyers are great at listening to why the divorce happened and addressing some of your emotional problems, please understand that dealing with your pain, anger, sadness, or frustration with your soon-to-be-ex-spouse is not their role. An attorney is not a therapist, family member, or divorce coach.

Is a collaborative divorce more cost effective than a high conflict divorce?

Collaborative divorce. Uncontested divorce. All of these options are often faster and more cost-effective compared to a high conflict divorce. If you have a prenuptial agreement, then your divorce may look even less centered on conflict than someone who does not have this advantage.

Do you need a lawyer for divorce?

Choosing the right lawyer for your divorce can feel a bit overwhelming. There are lots of attorneys, but they are definitely not all the same. Some do not practice family law at all, so you certainly do not want someone inexperienced to help with your case. Others may be too aggressive or not aggressive enough for what you need.

Can a lawyer help you understand your emotions?

Only you and your spouse can make this type of choice. Some lawyers are better at helping you understand the emotions behind your decision-making than others. If that is important to you, be sure to ask questions about how that lawyer handles emotions as part of the initial interview process.

Can you jeopardize your divorce case in Arizona?

It can even jeopardize your entire case in some situations. Pick someone that has the experience, knowledge, and personality that you need to meet your legal needs. It may also be beneficial to familiarize yourself with Arizona Divorce Laws before finalizing your decision on which lawyer to choose.

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.

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.

What to ask if spouse retains divorce lawyer?

If your spouse has retained a divorce lawyer, ask your prospective lawyer whether he or she knows this lawyer. If so, ask:”Have you worked with him or her before? Do you think the lawyer will work to settle the case? And is there anything that would prevent you from working against this lawyer?”

What is a full service divorce lawyer?

A full-service firm can give you access to specialists in other fields if your case requires it, and they can handle complications such as shareholders’ agreements, business organization or reorganization, tax-driven settlements (including asset transfers), establishment of family trusts, real-estate transfers, or estate planning.There may be a number of people handling your divorce at a big firm, which has its own set of pros and cons. One advantage is that you get the experience of a senior lawyer while lower-priced associates, paralegals, and legal secretaries handle some of the standard elements of your case, saving you money.

How many lawyers can a sole practitioner have?

Law firms come in all types and sizes. A firm can be three lawyers and a few paralegals, or 100 lawyers and more than 20 paralegals.

What happens if you settle a case without a court battle?

If your case can be settled without a protracted court battle, you’ll save a great deal of time, trouble, and money. Is reasonable. You want someone who’ll advise you to settle if the offer is fair – not encourage you to have the case drag on to satisfy your need for revenge. Is compatible with you.

Should I consider mediation for divorce?

Should I consider divorce mediation? Ask if your case – at least in the initial stages – might be a good one for mediation. If there has been violence in the relationship, or one spouse is seriously intimidated by the other, mediation may not be a viable alternative.

Can a lawyer be your best friend?

Is compatible with you. You don’t have to become best friends , but you must be comfortable enough with your lawyer to be able to share with him or her some deeply personal aspects of your life. If you can’t bring yourself to disclose information relevant to the case, you’ll be putting your lawyer at an extreme disadvantage. Your lawyer isn’t your therapist or confessor, but he or she does need to be aware of all pertinent facts in order to do a good job for you.

Is it a conflict of interest to have a lawyer for divorce?

Is not in conflict with your best interests. Don ’t share a divorce lawyer with your spouse ; don’t hire your spouse’s best friend, business partner, or any member of your spouse’s family to represent you – even if you’re on good terms with them. Aside from the obvious conflict of interest involved, you’ll have created enemies – and probably a whole new family feud – before your divorce settles.

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