Possible ways to go about the divorce process include arbitration, mediation, litigation, collaborative divorce, summary divorce, contested divorce, and others. Spend time researching these methods and select the path that you think will work best for you.
While the number of attorneys you will encounter after a simple Google search can feel overwhelming, you can narrow your search by adding the search query to the divorce process you are seeking (arbitration, mediation, etc.). This will ensure that the lawyers who appear in your search results will specialize in the type of divorce you want.
Divorce attorneys (a subsection of Family Law) specialize in the entire divorce process from start to finish, help smooth over differences between disagreeing parties, and even offer a sympathetic ear to listen when you feel overwhelmed or upset.
Hiring a divorce attorney is often one of the first steps any person seeking a divorce will perform, and it is easily the most important, as their guiding hand can help make every subsequent step that much easier. Once you have planned to acquire an attorney’s services, your first big decision is which attorney to choose and why.
Having an actual interview with the attorney can help solidify your mind if they are the right type of person with the right expertise for your case. To ensure that you get all the information you need to make an informed choice, create a list of questions beforehand, and ensure to go over each question in full depth.
Be sure to remember to bring a pen and paper with you when performing your interviews. Penning down notes will help you remember what the lawyers said when you are making your decision later.
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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.
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.
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.
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.
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.
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.
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.
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.
Ads are simply meant to attract business and don’t necessarily reflect the track record of an attorney.
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.
Despite the ability of researching on the Internet, first-hand accounts are still a really good way to get quality information.
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.
State bar associations are also good resources for finding lawyers who practice in the field in which you require assistance. Online resources can be another good source, and many such resources have the added benefit of offering consumer reviews, so you can see how other people have rated their interactions with a particular attorney.
The legal team. Some lawyers work by themselves, while others have paralegals on their team or outsource some of the legal work to other lawyers. You want to make sure you know who will be handling your file, as this can have an impact on both the quality of the service you receive and the cost. Communication.
You should interview any prospective attorney just as you would someone who was applying to work for you. You need to like your attorney. It's also important that you have confidence in your lawyer's abilities and respond well to communication style. Some lawyers pride themselves on an aggressive demeanor, while others highlight their ability to collaborate and settle most divorces without a drawn-out courtroom battle.
Some lawyers pride themselves on an aggressive demeanor, while others highlight their ability to collaborate and settle most divorces without a drawn-out courtroom battle. Your needs, your personality, and your spouse's demeanor in the divorce will also affect the type of attorney best suited to your case.
When you're getting a divorce, you'll need an attorney who is experienced in family law matters. A old college friend who now practices medical malpractice law isn't likely to be the best choice to handle your divorce. Different areas of the law have different rules and requirements. Attorneys in each practice area have different skill sets. Divorce can be a complex process and it's essential to have an attorney who knows the nuances of family law and is familiar with your local court's rules and judges.
A single attorney can't ethically give good legal advice to two people in adverse positions. While some couples choose to use a single attorney to draw up divorce paperwork, that attorney legally only represents one of the spouses.
It can be the difference between feeling like you have an advocate to protect you, or feeling like you're fighting a battle alone. Divorce is hard, but an experienced divorce lawyer can take on some of that burden and help you achieve your goals. Find out more about what to look for when choosing a divorce attorney.
The short answer is "no." The professional rules of conduct govern ing lawyers prohibit attorneys from representing both spouses in a divorce. This would create a conflict of interest for the attorney, since your interests, rights, and needs in a divorce are adverse to your spouse's. A single attorney can't ethically give good legal advice to two people in adverse positions.
This isn’t just for reasons of convenience, but also because your lawyer is going to need to be versed in divorce laws for your state. Divorce laws do change on a state-by-state basis; your lawyer will need to be licensed in your state, to be sure, but will also need experience practicing in that state. If your lawyer has just moved from another state and has now set up shop in your state, he or she may not be very experienced in your state’s divorce laws, even if experienced in general.
Although an advertisement can mean a lawyer is good, don’t just rely on the advertisement alone. Check divorce lawyers for men reputations online, and/or check with friends or relatives who have used a particular lawyer’s services.
Too often, divorce lawyers for men will say that they specialize in divorce when they really don’t. Lawyers can say they specialize in something even if they practice in more than one area, so be careful. Check your lawyer’s credentials, background and references before you decide to hire him or her. The lawyer you choose should have had experience in or be working with a firm that specializes in family law, with your lawyer’s specialty specifically in divorce.
Many mediators provide a free initial session to discuss what's involved in the process, and to give you a chance to determine if working together will be a good fit. As you research and talk to mediators, think about whether each has the following qualities.
The right mediator for your divorce will have experience helping spouses resolve issues similar to the ones you're facing. For example, if the sticking points in your marriage are primarily financial, you might opt for a mediator who is also a CPA (certified public accountant) or a CDFA (certified divorce financial analyst). A mediator who specializes in financial disputes can help with asset valuations and assist you in finding the fairest way to divide your property.
Most couples handle the process of finding a mediator in one of two ways: both spouses propose a list of potential mediators to choose from, or. one spouse chooses a mediator from a list of mediators the other spouse has already approved.
In your opinion, what makes a divorce mediation successful? The mediator should give an answer that includes the preparation of a written settlement agreement. If not, you might want to continue your search for another mediator who will help you complete this key document.
Because mediation is usually faster, more informal, and less expensive than battling it out in court, it's often an excellent way to minimize divorce-related stress and expense.
What do your fees include? Mediators often charge more for "extras" like filing the paperwork, use of a process server, court fees, and additional sessions (if the parties don't reach an agreement during the scheduled sessions).
Mediation is such a popular method of settling legal issues that there's no shortage of qualified mediators. Here are some ways to find one.