You need someone who can take the following actions on your behalf:
Method 3 Method 3 of 3: Choosing an Attorney
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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.
Board Certified marital law attorneys have an additional legal education and training specific to legal separation and divorce law, and will be of particular use for your divorce. Going through a divorce is a painful event, but you don’t have to go through it alone. Compassion, hard-working, experienced are some of the qualities ...
Create a List of Interview Questions. It is recommended that you schedule appointments (either phone or in-person) with at least 2-3 attorneys (after you have already narrowed down your search through personal recommendations and savvy internet research) before making your decision.
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.
If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.
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. Just a few examples of questions to ask include: 1 How long have you been in practice? 2 What type of divorces do you usually handle? 3 Who is your typical client? 4 Have you been a representative of cases that were similar to mine?
Deciding to divorce your spouse could be one of the most stressful and painful moments in a person’s life. The strong emotions that often accompany it can make going through the often complex divorce process feel like an insurmountable weight has been placed on your chest.
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Even though you hired an attorney, you can fire him or her at any time and for any reason. Consider firing your attorney for doing any of the following:
This article offers legal information, but it is not intended as legal advice.
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 128,883 times.
Every attorney has his or her own ideas, beliefs, philosophies, and ways of doing business. Every lawyer has his or her own approach to divorce. Most importantly, every lawyer is good at some things, and not so good at others.
Most people start their divorce by hiring a lawyer. THEN they get divorced using whatever divorce process the lawyer signs them up for.
No matter how much research you do, or how carefully you try to choose an attorney, you can still make a mistake. It actually happens more often than you might think.
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.
The internet is best used for gathering information and validating referrals. If someone gives you the name of a divorce lawyer whose website looks like it hasn't been updated since Al Gore invented the internet (or worse, who doesn't have a website at all!), that is NOT a good sign.
Another complicating factor is that, due to ethical restrictions, lawyers in some states are prohibited from participating in legal rating websites. Finally, you need to remember that people going through a divorce are not happy. Sometimes, even if a lawyer does an outstanding job for them, those people complain.
Take lawyer ratings with a grain of salt. Lawyer rating agencies are not infallible. A lawyer who chooses not to advertise, or participate in a particular rating site's program, may end up being rated poorly, even though s/he may be an amazing lawyer.
A divorce lawyer protects the rights of their client, along with handling the related custody and financial aspects of the divorce. Importantly, a divorce lawyer will also explain the law and your available legal options.
Working through the legal process of divorce is often complex—characterized by significant paperwork, waiting periods, and filing multiple forms, among other requirements—adding hurdles to individuals who may wish to undergo a divorce without a lawyer.
The total average costs of a divorce can range from $7,000 to $28,000, with divorce attorneys charging an average of $270 an hour. In a 2019 study by Martindale-Nolo Research, attorney fees for divorces lasting less than six months clocked in, on average, at $6,500; those lasting more than 30 months came in at $23,000.
As with many other services, finding a good divorce lawyer can start with referrals from friends or family. In addition, other professionals, such as accountants or financial advisors, may offer recommendations. Getting a deeper understanding of their experience with a lawyer can provide valuable information on what to look for—and what to avoid.
When you've identified possible candidates, interview your top choices. Some offer free consultations, but budget for a paid meeting if you think the attorney is worth it. You will learn something about how you want your divorce to proceed from each meeting.
The steep cost makes finding a divorce lawyer an option that is out of reach for many Americans. 7 Legal activists have suggested that the process of getting an uncontested divorce—which is when either spouse doesn't disagree with any aspect of the divorce—should be reformed, making it less arduous. 8
Because the costs of getting a divorce can range between $7,000 and $28,000, many Americans question how it's possible to pay for it. 5 Withdrawal from a 401 (k) is a permissible option if the funds are spent on the divorce.