what to expect from your divorce attorney

1. Extensive courtroom litigation experience. Great divorce attorneys are not paper tigers. Their courtroom experience is what sets them apart from the majority of other attorneys.
2. Excellent communicators. Great divorce attorneys are excellent communications. Communication is not just returning phone calls.
3. Avoiding wasteful litigation. Great divorce attorneys tell clients when litigation makes sense and when it does not. ...
4. Quality paperwork, filed and served on time. Great divorce attorneys produce quality work product, focused on relevant facts and an accurate representation of the law.

What does the average divorce attorney have to know?

The average divorce attorney has a basic understanding of family law. That may be okay for a very short marriage with little to no assets and little to no custody issues but for cases that become complex, that basic knowledge may not be enough. Family law is a complex area of law.

What skills does a divorce lawyer need?

Family law experience, knowledge of the law, communication skill, courtroom litigation skill, writing skill, negotiation skills and other skill sets make up a divorce attorney's talent base, efficiency and effectiveness inside and outside the courtroom.

What are some secrets your divorce lawyer might not want you to know?

One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

What do I need to know about divorce lawsuits?

Early in your case, your lawyer should demand any and all financial documents in your spouse's possession so that you can learn what there is between you to divide up. If you or your spouse has a pension or any kind of employee benefit, your lawyer should get a copy of the appropriate plan documents and account statements for the past few years.

What to ask for during a divorce?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.

How do you play dirty in a divorce?

Dirty Divorce TricksLeave Him With Nothing. A female client is contemplating leaving the marital home. ... Cancel the Credit Cards. ... Get Him Fired. ... Cutting Off the Utilities. ... Tell the Paramour's Spouse. ... Move out of State with the Kids. ... Clean out the Bank Accounts. ... File an Accusation of Child Abuse.More items...

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon'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. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

Why does a narcissist drag out a divorce?

Knowing that you are able to move on without their influence can be unbearable for them. They crave your dependence and loyalty above all else. Without you, they will feel the need to act in an aggressive or jealous manner. This can make a simple divorce case quickly turn into a drawn out affair.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Should you tell your lawyer everything?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

What's the best color to wear to court?

The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).

What does a divorce attorney tell clients?

Great divorce attorneys tell clients when litigation makes sense and when it does not. Since litigation, especially trial, is expensive, choosing what issues are worth litigating is essential to success.

What are the issues with divorce lawyers?

One of the most common issues we see with the great majority of divorce attorneys is their lack of command of the rules of evidence. It is incredible to me how so many of these lawyers walk into a courtroom and cannot properly put on case.

Why do spouses ask after divorce?

They ask it "after" because the attorney did a poor job of explaining the divorce process and communicating clearly about strategy and goals.

Do divorce attorneys call back?

The average divorce attorney will call you back but most of the time you have to wait an unreasonable time to hear from them. This can vary from one attorney to another.

Is it okay to have a divorce attorney?

That may be okay for a very short marriage with little to no assets and little to no custody issues but for cases that become complex, that basic knowledge may not be enough. Family law is a complex area of law.

What to expect if your spouse hires a divorce attorney?

What to expect if your spouse hires a great divorce attorney. This issue is counter-intuitive for some spouses. You may think that it would be awful if your spouse hired a great divorce attorney because that attorney will be knowledgeable, experienced, high skilled and therefore make things difficult.

Why are divorce attorneys so good?

Why is that? It is because the best divorce attorneys are also the most disciplined, diligent, and ethical. The best divorce attorneys are "big picture" thinkers. They do not create problems nor do they make existing problems worse. The best divorce attorneys are, at their core, problem solvers.

Why is it so difficult to get divorce lawyers to see issues that are not common to most divorces?

It is difficult to get them to see issues that are not common to most divorces. Because they take more of a cookie-cutter approach to a divorce, much of the communication they may have with their own client does not delve into specifics and usually does not get into problem solving at a deeper level.

What happens if my spouse has a bad attorney?

In summary, if your spouse has a bad attorney, that usually translates into time and money wasted in the litigation process or, even worse and in extreme situations, results inconsistent with the facts and the law.

What is the best weapon against divorce?

The best weapon you have against such consequences is your attorney and specifically your decision to hire an experienced, knowledgeable and highly skilled divorce attorney.

Can an attorney refuse to get information from a client?

However, sometimes attorneys either do not know to get or refuse to get information from their client relevant to the paperwork they intend to file or serve.

Can you control your divorce attorney?

We discussed what you should reasonably expect from your spouse's divorce attorney. You cannot control your spouse's divorce attorney, any more than you can control your spouse. But what you can control are your choices. Becoming informed about the California divorce process and our laws is a wise choice. Carefully selecting your divorce attorney is a critical choice.

What Are the Basics of Having a Divorce Attorney?

Seeking an experienced divorce attorney such as the ones at Bickford Blado & Botros will help you understand the different aspects that go into getting a divorce and will help you get through all the particulars.

What Is a Divorce Attorney and Why Do I Need One?

A divorce attorney, otherwise known as a divorce lawyer, is a legal professional hired to assist clients through a divorce. Your lawyer will know the ins and outs of all aspects of a divorce, including division of property, custody issues, annulments, and more. They will help you understand the legalities of the process and help make it go as smoothly as possible.

What Does My Attorney Do at Trial?

Your attorney will present your side of the situation, your settlements, and your unresolved issues. Your attorney is there to help you get the best possible outcome from this process and will fight for what you deserve.

How stressful is divorce?

Divorce can be an extremely stressful time, and concerns about assets and children add to this anxiety. With all the complications that can arise throughout the divorce, it is important to have someone who knows about all aspects of it. The right divorce attorney will not only make you feel assured with your decisions throughout the divorce but ultimately fight for your best possible outcome. At Bickford Blado & Botros, you can trust that your attorney will be committed to you and your comfort. Get in touch with us today or call (858) 793-8884.

What Kinds of Questions Will My Attorney Ask on Our First Meeting?

It’s important to remember to trust your attorney to help you through this process.

What is the main part of divorce?

A major part of any divorce is determining how to divide what has been accumulated during the marriage. This starts by preparing a “marital balance sheet” to define your financial assets and liabilities.

How many categories of divorce are there?

Most divorce cases have four primary categories to consider:

How to calculate financial support for spouse?

There are no forms or charts to calculate financial support for a spouse. The duration and amount of any payments following a divorce are determined solely by negotiation. Your lawyer should have some ideas, based upon past experience, as to what you might expect.

Is Georgia dividing marital assets?

Most of the time in Georgia, marital assets and debts get divided equally. Your lawyer’s job is to make sure that division is equitable to you. All dollars aren’t created equal. Some assets have real, immediate value, while others could attach severe tax penalties if liquidated. For instance, a retirement account with $100,000 is not the same as having $100,000 in a savings account.

Is divorce a business?

Ultimately, the legal process of divorce is more about business than emotions, but those often are difficult to separate. Your lawyer should be able to provide resources to help you work through the emotional aspects, while also focusing on the financial and family issues.

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

How to deal with divorce issues?

While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What happens if my spouse meets with an attorney?

If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

What should a lawyer demand from a spouse?

Early in your case, your lawyer should demand any and all financial documents in your spouse's possession so that you can learn what there is between you to divide up.

What should an attorney tell you about a case?

Throughout your case, your attorney should give you some sense of whether the law supports your position. No attorney worth her weight will guarantee you a victory, but a knowledgeable lawyer should be able to tell you whether there is a basis for your position and what is likely to happen if the case is tried.

What to do if your case ends in defeat?

If your case ends with a defeat at trial, or if there are any defeats along the way (say you lose a motion when the judge denies your request for something), your lawyer should be able to provide you with sound advice about whether to appeal or seek reconsideration at the trial level.

How long does it take for a lawyer to call you back?

If the court hands down any decisions regarding your case, your lawyer should notify you at once. Your attorney should return your calls within 24 hours unless there's some reason why that's impossible—for instance, if she's in court or in the middle of a trial.

Why can't my lawyer say when things will happen?

Maybe your lawyer can't say when things will happen because too much depends on what the other side wants; still, she should have a general idea of how the case will proceed from your side given any number of scenarios. One matrimonial lawyer tells us that clients often seek her out for a second opinion on their case.

How long does it take for a lawyer to respond to a letter?

Copies of letters should be sent to you within 24 hours of the lawyer's receipt. He or she should notify you about important phone calls—those concerning settlement proposals, for instance—as soon as possible.

Do you need an expert to testify in custody?

Maybe custody will be an issue, and you'll need an expert to testify on your behalf. In some jurisdictions, the judge will appoint an expert to report to the court, but you still might need someone to support your case. Your lawyer should start getting you the names of qualified people.

What happens after a divorce hearing?

After the hearing is over, the judge will issue rulings on the issues that were presented. These become legal and binding either temporarily, or until the end of your divorce.

What happens at the end of a divorce?

A divorce trial is what happens at the end of your divorce. With a hearing, the judge will consider evidence and testimony on one or more aspects of your divorce, perhaps child custody or visitation or temporary alimony, for example.

What types of issues are addressed at a divorce hearing?

Just about any issue related to separation or divorce is fair game at a divorce hearing. Some of the issues that are considered include:

How is a divorce hearing conducted?

How a divorce hearing is conducted. How divorce hearings are conducted will vary to some degree depending on the state, the judge, and the issues that must be decided. Some courts use hearing officers to handle specific procedural issues. Other courts use judges for all matters. Regardless of who handles your case, the hearing will be scheduled, ...

What are the issues in a divorce?

Just about any issue related to separation or divorce is fair game at a divorce hearing. Some of the issues that are considered include: 1 Temporary custody 2 Temporary child support 3 Temporary spousal support 4 Protective orders/temporary restraining orders 5 Emergency “ ex parte ” orders 6 Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house 7 Procedural issues or disputes related to discovery, evidence or witnesses 8 Contempt of court rulings when court orders are not followed 9 Who pays for health insurance 10 Who pays for attorney’s fees 11 Possible court-ordered mediation 12 Possible court-ordered parenting classes 13 Dividing retirement accounts through a QDRO (after the divorce) 14 Settlement updates 15 Trial setting and additional hearings scheduled

What is a divorce journey?

In a divorce journey, it is a stop along the way. It is a procedure to seek clarity about important issues, at least temporarily, until all the terms of a final settlement can be put in place. Depending on the complexity and nature of your divorce, you may need to attend several hearings from start to finish.

What are the issues that judges make?

Judges will make decisions on pressing matters such as temporary visitation and custody, child support, the continuation of health insurance coverage, who gets to stay in the house during divorce, and various other financial issues.