how to get a lawyer to represent you on a divorce

by Aracely Schaefer 10 min read

Start with an initial phone call. Ask them about their experience and specialization within family law. Ask them about what type of client they typically represent.

Full Answer

How can I represent myself in a divorce without a lawyer?

How to Represent Yourself in a Divorce Court without a Lawyer If you get the chance, go to the court beforehand and observe. Know the local rules. On the day of your proceeding, dress and act in the same way you would for a job interview. Make sure you bring everything and everyone you need to court. Observe all of the common courtesies.

How to choose a divorce lawyer?

So, you must know the criteria for choosing a divorce attorney and what to expect from a divorce lawyer. Possible ways to go about the divorce process include arbitration, mediation, litigation, collaborative divorce, summary divorce, contested divorce, and others.

Should I hire a lawyer before signing a divorce agreement?

If you want to be sure, you should hire your own lawyer to read and explain the divorce agreement before you sign it. It’s smart to hire your own lawyer if your finances are complex or there are high assets in play.

What does a divorce attorney do?

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.

image

What does it mean to represent yourself in divorce?

Representing yourself in a divorce means that you are responsible for any correspondence related to your case. Missing out on an important letter or email from the court could affect how things end up for you.

How to address a judge in court?

Maintain a friendly attitude with everyone you meet in court that day, including your co-parent. Always address the judge as "Your Honor" and don't speak out of turn or interrupt the judge. It can be helpful to write an outline of the points you want to make in court so that you don't miss something important or get caught up by nerves and say something you wish you hadn't.

What is the importance of understanding the laws of divorce?

Having at least a basic understanding of the laws that will impact your divorce case is vital for any person representing them self in a divorce. Even if you're not a lawyer, you will be responsible for knowing the rules that will come up during your case. Getting to know the laws in your state can help you focus your case to achieve ...

What does it mean to work with an attorney?

If you work with an attorney, they will act as your legal counsel and can assist you throughout the entire progress. They will know the laws that pertain to your case and will tell you what you need to do nearly every step of the way.

How to be a good court judge?

Be Patient and Polit e. Your attitude and the way you carry yourself will speak volumes about you and could heavily influence the court's decision. Stay calm and collected throughout your time in court. As stressful as some moments may be, do your best to keep your cool.

How to dress for a court hearing?

Just like in a job interview, what you wear and how you carry yourself matters. Wear clothing that is clean and fits you well. Choose a more conservative outfit, even if that's not what you'd typically wear.

What to ask a judge at a hearing?

Asking questions is key when you're representing yourself. If the judge is saying something that you don't quite understand during your hearing, politely ask if they could explain. They might not answer every question you have, but it doesn't hurt to ask kindly to see if you can get a further explanation.

What is a pro bono divorce lawyer?

Pro bono divorce lawyers are, in essence, free divorce lawyers. They are attorneys that will voluntary take on your case at no charge. (Because divorce is a civil legal matter, the court will not appoint a lawyer to represent you, as is done in criminal cases.)

What are some free divorce resources?

Other Free Divorce Resources 1 Free Divorce Worksheet: Some websites offer free online divorce worksheets by state. This worksheet will help you collect all the information you will need to hand to your lawyer to help you finalize your divorce. 2 Free Personal Legal Forms: You can find free personal legal forms, including child visitation letters, online. 3 Bar Associations: State and local bar associations often publish guides to commonly encountered legal situations, such as getting a divorce and writing a will. Check with your local bar association for more information.

What are the legal issues that the state and local bar associations often publish?

Bar Associations: State and local bar associations often publish guides to commonly encountered legal situations, such as getting a divorce and writing a will. Check with your local bar association for more information.

What is flat fee for a lawyer?

Flat Fees: You pay the lawyer a single fee for his or her services.

Do you have to file a divorce petition with the Family Law District Court?

However, even in this circumstance, one of the spouses must first file an original petition for divorce with the Family Law District Court to have a divorce granted. You may wish to contract an attorney to help you file this document to ensure it is done correctly.

Do you pay a lawyer upfront?

Contingent Fees: You pay the lawyer nothing upfront, but the lawyer keeps a percentage of any money awarded to you at the end of the case. (Contingency fees are not used in divorce cases.)

Can a high income spouse pay for divorce?

In some situations, a court might require a high-earning spouse to pay the legal fees and expenses of the lower-income spouse, which allows those with lower incomes to have legal assistance. However, if this is not the case, you may want to consider finding a pro bono divorce lawyer.

What to do when your spouse is lawyered up?

Once your spouse has lawyered up, you need to hire an experienced attorney, who can explain your rights and responsibilities, use specialized knowledge to advocate on your behalf, and obtain the best possible result for you and your family.

How to handle a divorce case?

You'll need to decide whether: you can handle your own divorce case through a do-it-yourself (DIY) method. you want to try mediation (with or without an attorney) to resolve disputed issues, or. you need to hire an attorney to represent you through settlement and/or in court. There are a few factors to consider when deciding which divorce path is ...

What is collaborative divorce?

With collaborative divorce, you and your spouse must both hire attorneys who are specially trained in collaborative law, and you have to commit to avoiding court. This process can be expensive, so it's important to do some research and learn all you can about collaborative divorce before you choose this path.

What is considered marital property?

Generally speaking, in all states, the assets you and your spouse acquire together during your marriage are considered "marital property , which must be divided in some way between the two of you in your divorce.

Why does a divorce take longer to resolve?

Fault cases typically take longer to resolve in court because you have to provide admissible evidence and prove to a judge the misconduct occurred and that it caused the divorce.

What happens if your parents can't agree on a divorce?

When parents can't agree on these issues, they will either have to go to mediation to try and come to an agreement or they will end up in court asking a judge to decide for them.

Can you divorce if you have a bad act?

There's no need to identify and prove misconduct or a bad act that caused the divorce. In some states, spouses can alternatively base their divorce on a separation for a specific length of time. In several states, spouses can still file for a fault-based divorce, which means the ground for divorce is that one spouse engaged in misconduct ...

How to represent yourself in divorce court?

How to Represent Yourself in a Divorce Court without a Lawyer. If you get the chance, go to the court beforehand and observe. Judges typically hear certain types of motions and procedures on different days; you should watch one like your own. Depending on the type, they may or may not be open to the public. But even if you can’t sit ...

How to address a judge?

Observe all of the common courtesies. Be on time. Address the judge as “Judge” or “Your Honor”. Be respectful to the judge’s staff. They are an extension of the judge. These things sound silly, but they’re worth a mention. In a couple’s fight for freedom, good manners are usually the first casualty. Because the judge is often put in the position of judging your credibility and reasonableness, how you come across counts.

Why are good manners important in a couple's fight for freedom?

In a couple’s fight for freedom, good manners are usually the first casualty. Because the judge is often put in the position of judging your credibility and reasonableness, how you come across counts. If you are required to testify, don’t exaggerate or adjust the facts. Judges know what makes sense and what doesn’t.

What to do if you are required to testify?

If you are required to testify, don’t exaggerate or adjust the facts. Judges know what makes sense and what doesn’t. Also remember that the proceedings are being recorded. Don’t let a moment of emotional embellishment hurt your credibility.

How to prepare for a court case?

On the day of your proceeding, dress and act in the same way you would for a job interview. Make sure you bring everything and everyone you need to court. Be organized.

Can you be in front of a judge in divorce?

As much as all parties try to avoid it, some couples end up in front of a judge in their divorce. Sometimes it is just a perfunctory appearance in which the judge makes sure both parties understand their rights and the effects of the divorce agreement, they’ve made. Other times, it’s more complicated. The divorcing couple might have to make arguments or present evidence. And when they find themselves in court without a lawyer, it can be disconcerting. Of course, no article can fully prepare anyone for that process. But here’s my perspective on some common mistakes I’ve seen unrepresented people make and a few tips on how to take the edge off the process, so that if you need to represent yourself in a divorce court, you know what to do.

What is divorce attorney?

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.

Why is it important to hire a divorce attorney?

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.

How to narrow your search for divorce lawyers?

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.

What are the different ways to go about divorce?

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.

Why do you have to have an interview with an attorney?

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.

What to bring to an interview for a lawyer?

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.

Can a divorce lawyer help you?

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 of a divorce lawyer that can help you get what you want out of your marriage’s dissolution so that you can focus on beginning the rest of your life.

What is the primary goal of a lawyer?

Lawyers are supposed to work under one primary goal: the relentless pursuit of their clients’ interests. If you convey to a lawyer that your interest is specifically an amicable divorce, then that’s just what you should expect.

What to do if you can't agree to custody?

If you and your spouse are unable to agree to a custody arrangement, then you also need to hire your own lawyer to get help sort this aspect of the divorce out. Many factors are in play in a custody decision. A divorce lawyer who understands the fine print of the laws that apply where you live gives you a far better chance ...

What is mediation in divorce?

Divorce mediation typically involves a neutral mediator – usually a divorce lawyer – so he or she can assist you and your spouse to reach an agreement that both of you can live with. A divorce mediator will not represent you or your husband, and as such can’t give either of you legal advice. Rather, a mediator will help you identify the issues that need resolution and assist in creating a divorce agreement that is in compliance and alignment with applicable laws.

Can a lawyer give advice on divorce?

He or she will not give you legal advice. A simple divorce might be fine for a single lawyer situation, but be very sure you know your legal rights if you are the one who is unrepresented. If you want to be sure, you should hire your own lawyer to read and explain the divorce agreement before you sign it.

Is divorce scary?

The prospect of divorce is a frightening one in its own right. The marriage and union you had hoped would last, and likely worked hard to accomplish, is coming to an end. The last thing you need is your spouse’s attorney intimidating you in the courtroom . Even despite this, some people make the choice to represent themselves in divorce hearings, even if their husband has personally hired a lawyer.

Can you get angry during a divorce?

It’s easy for you, your spouse, or both of you to get angry and even emotionally distraught during the divorce process. Simply handing the responsibility for handling your divorce to your divorce lawyer might seem like a welcome relief. However, it might actually complicate things for you more than simplify them.

Can a couple have a single lawyer?

Having said this, in certain situations, one couple might share a single lawyer in order to bring joint resolution to their divorce. This is usually restricted to couples that have already resolved custody issues, the division of debt, and asset partitioning on their own.

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.

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 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.

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.

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.

image