can't get lawyer to do what they are supposed to do in divorce and custody case

Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too. Under limited circumstances, a couple can use one attorney to resolve their divorce.

Full Answer

Do I need a lawyer to get a divorce?

If your divorce is contested then there's really no way to expect a good outcome without hiring an attorney. If, however, your divorce is uncontested, then you may be able to perform several parts of it on your own (or pro se which is a Latin term that means "for yourself").

Do you need a family law attorney for child custody cases?

Your relationship with your child is too important to risk letting that happen in a child custody case. To avoid that risk, you should look for an experienced family law attorney who can argue on your behalf in court and keep track of all the various filings, dates, and requirements.

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.

Why are there so many divorce attorneys?

This divorce rate means that there's a lot of money to made in from working for clients who want to the best possible outcome from a parting of ways—and, consequently, there are a lot of attorneys who want to get at it.

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

How do I divorce my wife and keep everything?

7 Tips to Avoid Giving Up Too Much to Your Wife in Your DivorceTip #1: Identify Your “Separate” Assets. ... Tip #2: Prioritize Your “Marital” Assets. ... Tip #3: Think about Your Wife's Priorities. ... Tip #4: Weigh Your Options. ... Tip #5: Consider the Other Financial Aspects of Your Divorce. ... Tip #6: Put Together a Plan.More items...•

Can I empty my bank account before divorce?

Can You Empty Your Bank Account Before Divorce? However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. That means it will be an equitable division in the divorce settlement.

What should a woman ask for in a divorce?

A detailed parenting-time schedule—including holidays! It's in your best interest, and more importantly in the best interest of the children, that you have a detailed schedule in an attempt to avoid issues down the road. This parenting-time schedule is an extremely important thing to ask for in a divorce settlement.

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.

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.

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.

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.

Is law a science?

The practice of law is not a science, but it's not exactly an art either. There are certain things your attorney can and should be doing. For some guidelines, refer to the following list: Your lawyer should have an overall plan for your case.

Do matrimonial lawyers seek second opinions?

One matrimonial lawyer tells us that clients often seek her out for a second opinion on their case. The most frequent complaint: their case has no direction, they see no end in sight, and it seems like they're always responding to their spouse's action with no overriding plan of their own.

Ethical Rules for Attorney Withdrawal

Most states have adopted some form of the American Bar Association’s Model Rules for the ethical practice of law. This means that every one of the fifty (50) states has its own set of rules that dictate how an attorney should behave professionally.

Mandatory withdrawal vs. Permissive Withdrawal

There is a difference between when an attorney can withdraw and when they must withdraw.

Method for Withdrawing

In all cases, attorneys must follow a specific procedure when they seek to withdraw. No matter what, when, or why, there are procedural requirements in place for attorneys who opt to end their representation.

Tips to Avoid Attorney Withdrawals

You can try your hardest to prevent the attorney’s withdrawal, which is always an option. This starts with having a clear understanding of your financial means before hiring them. You should not rush to hire an attorney when you have no reliable means to pay them to manage the entire case.

In Conclusion

At the end of the day, an attorney who does not want to collaborate with you anymore knows how to get out of your case. Even with the rules set to favor you as the client, the courts are not inclined to force continued representation.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

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 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 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.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

How to contact a custody lawyer?

Let’s get right into it! To reach the custody lawyers that wrote this, call (210) 271-2800. You can jump through the list by clicking on a category you need the most help with. Divorce Evidence.

What to do if your spouse accuses you of not being a good parent?

If worse comes to worse and your spouse is accusing you of not being a good parent, having other witnesses in the community that are not your own mom, can help. So keep some friends and be involved in your community as a parent. In this way, you have witnesses that can attest to your parenting. .

What to do if a parent misses a birthday?

If a parent missed a birthday, log it . If a parent abused the child physically or verbally, log it. People throw the word abuse around all the time. Just saying that they were “abusive” is not nearly as impactful as having a log of times with specified facts that demonstrate the particular abuse. .

What is evidence in a child custody case?

Evidence is the substance of what is presented by your lawyer in your case. You should collect as much as you can as explained below. You should realize that much of what you collect, will never be used. Evidence makes and breaks child custody case success.

What do private investigators do?

They can be used to testify in divorce cases to help a person prove a number of facts, such as fault in the break-up of the marriage.

Can you make up days with your kids in a divorce decree?

Consider having your lawyer construct a custody schedule that enables make-up days for when you are off work. The regular custody agreement in a decree of divorce will not enable you to make up days with your kids that you miss due to travel.

Is child custody a slam dunk?

Child custody trials in divorce are not a slam dunk ever and are unpredictable. There is no way to predict the outcome of a child custody trial, no matter how good your facts. You know all of the details about what your ex did to you. You know why you should have custody of your children.

How do parents negotiate custody?

Parents can reach a child custody agreement through private negotiations, with or without the help of attorneys. Parents may choose to negotiate amongst themselves and hire attorneys to finalize agreements, or the parties may negotiate their positions through a representative attorney.

Why do courts prefer joint custody?

Courts generally prefer to award joint physical custody to guarantee the children will maintain contact with both parents. In some states this is the default resolution, and may require a disagreeing parent to prove why their children should not spend time with both parents.

What is sole physical custody?

In sole physical custody arrangements, the children permanently stay with the custodial parent while the non -custodial parent have regularly scheduled visitation rights. The advantages of this arrangement are that children are permanently residing in a single location. Logistically, this can be less stressful for both the children and the parents, especially when it comes to schools, neighbors, and friendships. 3

What happens if one parent is awarded sole custody?

If one parent is awarded sole physical or legal custody, the noncustodial parent is usually required to make child support payments to the custodial parent. If the parents are awarded joint physical custody, the child support obligations are determined by the percentage of time the child spends with each parent and how much money each parent earns.

What are the different types of child custody?

Child custody proceedings are complex, which is why we’ve created this guide to cover: 1 The types of child custody arrangements 2 The process of reaching a custody agreement 3 Potential child support obligations 4 Personal and emotional considerations 5 How to hire the right divorce attorney

What is child custody?

Child custody can refer to where your children will live after divorce (physical custody), or who has the legal right to make decisions about their upbringing (legal custody). In each scenario, parents may jointly share the responsibility or the courts may award one parent solely.

What is a custody agreement?

It is often called a “settlement agreement ,” “custody agreement,” or “parenting agreement.”. The agreement is then shown to the court for final approval, and the finalized agreement becomes a binding contract to which parents and others must adhere to.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

What to do if there is a dispute with my child's custody?

Secondly, if there is a dispute or disagreement regarding the terms of custody and visitation, you should seek a modification of child custody or visitation orders. This can help prevent situations where one or both parents are trying to take matters in their own hands and are trying to create a new arrangement.

What is the importance of working with a child custody lawyer?

More importantly, they can place the child in situations that are not ideal for them. Thus it’s important that you work closely with a child custody lawyer near you if have any questions or concerns regarding custody or visitation.

What are some examples of child custody violations?

Some common examples of violations may include: Keeping the child with you for a longer visit than what is provided for in the custody or visitation order; Failing to inform the other parent of the child’s whereabouts; Taking the child on a long trip without asking for approval first;

What is child custody?

Child custody refers to the caretaking rights that a parent has to have the child stay with them, as well as various other legal rights in connection with the child (such as the right to make decisions on their behalf). These rights may be divided between the parents. There are different types of custody and custody arrangements, including:

What are the factors that determine custody and visitation?

Many factors may be reviewed, including the background and abilities of the parents, the child’s background, and other elements. All custody and visitation arrangements are made with the child’s best interest in mind.

What rights do parents have in a divorce?

In most cases, each parent will have rights with regard to child custody and child visitation. These are two family law legal issues that are separate and different, ...

Is a visitation order enforceable?

Ideally, child custody and visitation agreements are finalized by the parents involved, and then approved by the court into a legally enforceable agreement. Since they are legally enforceable, violations of child custody and visitation orders are treated seriously and can lead to legal consequences.

Addresses for where the child lived over the last 5 years

Addresses for where the child lived over the last 5 years Your lawyer is required to report these addresses in an initial complaint for custody, but this information also provides another point of reference for the case. Your attorney is building a case to support your custody interests, and where the child has lived, and with whom, matters.

Information about any other cases involving the child

Information about any other cases involving the child Your lawyer needs to know if there are any other cases involving the child mostly because the Court, for efficiency's sake, will combine the cases if possible.

Whether you receive TANF, Medicaid or DC Healthy Families assistance

Whether you receive TANF, Medicaid or DC Healthy Families assistance Your lawyer will ask whether you are receiving any of this aid because it can impact whether your attorney suggests that child support would be an important part of your custody case.

Conclusion

Conclusion Remember, your lawyer will ask many questions, some of them rather personal, to ensure that she is able to make an argument in your favor based on all the facts. Your lawyer is not obligated to tell anyone any private information you share with him unless you specifically allow it.