These are some questions to ask when you are evaluating an attorney:
When it comes to divorce, you not only need to make sure you are protected, but your child is as well. Hiring a divorce lawyer will not only give you the legal counsel you need for this parenting plan but also put your child in a better position to have the best life they can after your divorce.
How do you approach your cases? Some people are looking for what I refer to as a "pit bull" attorney (nothing against pit bulls, I swear). They start out teeth snarling and ready for a battle. This approach is exactly what some people are looking for. Other people may be looking to divorce as quietly and peacefully as possible.
Who will be working on my case? It takes a team to run a successful practice. This means your attorney will often have other people work on your file. In our office, the attorneys take a team approach, and we frequently bounce ideas off one another.
How much is your retainer, and how does the retainer work? Divorce is not cheap. Find out how much the retainer is and what exactly it covers.
What is your hourly rate, and how will I be billed? This question goes with number four. Most family law attorneys bill in 6 minute increments against the initial retainer. Some attorneys may bill in quarter-hour increments. Some attorneys bill for each telephone call, email or letter.
How long should my divorce take? I tell potential clients to expect your divorce to take anywhere between 6 months and a year. Wisconsin requires a 120 day waiting period from the service of the summons and petition for divorce on the other party to the final hearing in the divorce. Most divorces are not finished by day 120.
How much will it cost? The total cost of the divorce really depends on the case. If there's a custody battle, complicated financial issues or if two parties cannot agree on anything, the divorce can get very expensive very quickly.
What is the best way to get a hold of you? How quickly do you respond to phone calls or emails? Everyone is busy. Attorneys spend their days in and out of appointments and court hearings, but that does not mean you should be waiting days or weeks for a response.
For couples with minor children, determining custody arrangements can be one of the messiest parts about divorce. If you and your spouse can’t reach an agreement on your own, a judge will have the task of deciding what’s in the best interest of your minor child (ren). Many factors are considered here, so you’ll want to ask your divorce attorney what your options are regarding custody, and what a judge will take into account. Your attorney can help you understand the most likely outcome given your unique situation, and can guide you in choosing which battles to fight and which to concede.
This document requires you and your spouse to decide how you will divide property, who gets primary custody, and the amount of spousal or child support to be paid, if any is needed. An experienced divorce attorney can help you craft this document and review it to ensure it’s fair for both parties.
According to Virginia’s divorce laws, couples filing for a no-fault divorce must have been separated for 12 full months if they have minor children, or six full months, with no minor children and a signed settlement agreement. However, the rules and timelines are different if you are filing for an at-fault divorce on grounds such as adultery, cruelty, or desertion. Your attorney will be able to tell you how soon you can file for divorce.
For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.
If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.
Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.
Alimony is a numbers game. Sometimes the best way to prepare and present the back alimony case is to play the numbers game using experts. For example, forensic accounting experts and vocational rehabilitative experts can help support or defend an alimony claim.
This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.
The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.
Even if your case does not step foot in a courtroom, it’s good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouse’s particular needs.
However, the parties in a divorce can always agree to do whatever they want with the tax exemptions. It’s important to address tax exemptions as early as the first divorce consultation in your case.
Divorce is not easy , and the vast majority of the people that we consult with are not emotionally ready to pull the trigger. Often a driving force is that there are assets, other financial obligations, or even relationships with children that need to be protected, and the jurisdiction of the court needs to be invoked.
It’s just the stark reality of life that no attorney can handle a caseload that is 100% high-conflict. High-conflict cases tend to take up a disproportionate amount of time, energy, and emotional resources.
If you are considering divorce, talk to a counselor or psychologist to make an attempt at repairing your relationship. But most importantly, make sure you and your children are not in harm’s way, as divorce can create tension and lead to domestic abuse.
If after following the steps above you decide divorce is your only option, make sure you are prepared for what lies ahead, which may include fighting for custody of your children and pets, protecting your property, and securing your bank accounts. Take steps to protect everything that could be liquidated by your spouse that is valuable to you. This includes personal property. Prepare by getting your finances and documents in order.
Contact the National Domestic Violence Hotline: The National Hotline can help you find a path to safety. The number for the hotline is 1-800-799-7233.5. File a restraining order: You may want to consider a restraining order or asking a judge to order the abusive spouse to move out.
If the current state of your marriage is non-abusive but making you unhappy, you should seek professional help to determine whether you are going through a rough patch or whether ending your marriage is the only way to move forward.
If after trying to work out your marital problems there is no solution but divorce, you must prepare yourself for the next steps and be as informed as possible. Surround yourself with a network of support and seek legal advice before any major decision.
It is important to understand how your property is characterized if you chose to proceed with divorce because it will help you determine if you need to file a lis pendens (see below for more detail). The American Bar Association family law quarterly publishes an outline the law regarding property division by state. 9.
Divorces are never easy and can get messy. You should make every effort to avoid this unfortunate event, which occurs for 40 to 50 percent of U.S. marriages. 1 But if you’re in an unhealthy relationship, it may be time for a change. Whatever reasons you have for filing for divorce, it is a decision that should be made independent of emotion.