how to select a lawyer for divorce

What to look for in a good divorce lawyer?

 · You can glean a lot of these things by looking at a website, which can help you in selecting the right divorce attorney. 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 …

How to find a good divorce lawyer?

1. Do not choose the first divorce lawyer that you find. 2. Choose your lawyer according to the type of divorce process you need to use. 3. Choose a divorce lawyer who respects and values …

How do you become a divorce attorney?

 · Schedule Free Case Evaluations With Multiple Divorce Lawyers Begin your search by Googling divorce lawyers in your area. Then, find out if they offer free case evaluations or …

When choosing a divorce lawyer?

 · The absolute best way to find a good divorce lawyer is, was, and probably always will be, word of mouth. If you know someone who has been through a divorce in the past few …

What is the lawyer fee for a divorce in India?

The court fee is nominal at Rs 15, but the bulk is taken up by lawyer's fees. While women can avail of free legal services by getting an advocate from the legal aid cell, private lawyers' fee can vary from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and duration involved.

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 much does a divorce lawyer cost in South Africa?

South African Divorce Lawyers charge hourly rates of between R800 and R4000 per hour. Unopposed divorces are often charged at fixed prices which varies between R10 000 and R20 000. Divorce Lawyers are not allowed to work on divorce matters on a contingency fee basis.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

What is a wife entitled to in a divorce?

Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank.

Who pays for divorce in South Africa?

The court will issue an order confirming who pays what. If the two parties can't agree on payments, then the court will rule on their behalf. How property and other assets will be divided. Generally, assets and debts are shared when you get divorced, unless a premarital contract was agreed.

How long does a divorce take in SA?

An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.

What documents are needed for divorce in South Africa?

You will need: Your official South African identity document. Marriage certificate. The court or law firm will provide any other documents....Default DivorceYour partner will receive a summons with a date. ... If they do not respond, you can apply to the High Court, to add it to the roll.More items...•

How do you calculate fair divorce settlement?

How the court decides what is a “fair divorce settlement” depends on a number of factors, including:Each partner's individual assets.Contributions to the marriage or civil partnership, both financially and emotionally.Time out of the workplace.Earning capacity.Standard of living before the break-up.More items...•

What is the kindest way to ask for a divorce?

There's no single “right” answer when asking for a divorce, but with preparation, you can make a tough conversation go a little more smoothly:Prepare Yourself. ... Choose A Suitable Place and Time. ... Keep Your Cool for Your Kids. ... Be Gentle, But Firm. ... Listen to Their Perspective. ... Be Understanding and Empathetic.More items...•

How do I get brave enough for divorce?

Getting the Courage to DivorceAsk for Professional Advice. ... Take Baby Steps. ... Make a List. ... Let Go of What Others Think. ... Talk to Other Divorced People. ... Maximize the Positives.

How do I bring up my separation?

Tell your spouse that you'd like to talk. You can talk at home if that feels comfortable and safe for you or you can choose a neutral place like a coffee shop. If you are worried about the reaction, ask your spouse to join you in a meeting with a therapist where you can talk about your decision.

How to find a divorce lawyer?

Ask them about what type of client they typically represent. Ask them about their rates. Most divorce lawyers charge an hourly fee and require a retainer -- a fee charged in advance. Some lawyers will also negotiate fees based on anticipated settlements. Don't waste your time (or theirs) on a meeting if they're out of your cost range. Most divorce attorneys provide a free consult to discuss your specific situation and what their legal approach would be. So take advantage of it to gather as much legal advice as possible! Typically, the attorney you meet with will not be handling the day-to-day issues related to your case, so ask to meet the colleague or associate that would. The divorce process can also include financial experts, parenting coordinators, coach facilitators, and forensic appraisers. Find out your attorney's access to these resources and if any would be relevant to your case, as it will affect overall cost. And even if you have no intention of heading to trial, look at the attorney's trial record and history of success in court. This track record is an indicator of your attorney's success in negotiation.

What to do before you rush out to hire a divorce attorney?

Before you rush out to hire a divorce attorney, consider other alternatives to traditional litigation. If you aren't completely entangled with children and finances, you could hire a mediator to help you negotiate the terms of your divorce.

What is the cheapest way to get divorced?

Mediation is the fastest, cheapest way to get divorced, and you might not need to hire an attorney at all! If your negotiation is more complicated, you'll have to hire a divorce lawyer to negotiate a settlement with your spouse's attorney. Or you could consider a collaborative divorce.

What is collaborative divorce?

A collaborative divorce is focused on negotiation with the goal of preserving a co-parenting relationship. Your last resort is a litigated trial. Typically, these are the cases when neither side will compromise. So you need to determine what type of divorce attorney you need based on your unique circumstances.

What is the purpose of divorce?

First, you need to realize that divorce is a legal process with the sole purpose of dissolving your assets and resolving custody issues. Your divorce attorney's job is to represent you to the best of his or her ability in this process.

Do attorneys tell you what you want to hear?

Unfortunately, many attorneys will tell you what you want to hear just to close the deal. While this is your life, it's a business for them. There are no guarantees in this process, so if an attorney is making promises, don't believe it.

What to do if you feel like you have chosen the wrong lawyer for divorce?

If mid-way through your divorce you feel like you’ve chosen the wrong lawyer, don’t be afraid to find a new divorce attorney. Obviously you don’t want to jump from lawyer to lawyer for no reason. But, if you find that you are not comfortable with your initial attorney, it may be best to cut your losses.

What is a divorce lawyer?

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. But choosing the right divorce lawyer can make your divorce experience the best it can be.

Why are different lawyers different?

You may get two very different views on how you should handle your case. If you do, that’s actually a good thing. You can then think about what each attorney said. Then you can choose the attorney who uses an approach you prefer.

What should a lawyer's website tell you?

Your prospective lawyer’s website should tell you what s/he does, and what his/her philosophy is . If the website talks about how the lawyer will “fight for your rights,” that lawyer is likely a trial lawyer. If the website talks about divorcing amicably or staying out of court, that lawyer is more likely to work well in mediation or collaborative divorce.

Why are lawyers not allowed to use legal rating websites?

That means that they will almost always have poor ratings simply because they don’t actively participate on that rating website.

Is it normal to be nervous when interviewing a divorce lawyer?

When you’re interviewing divorce lawyers you’re GOING to be nervous! You’re GOING to be emotional! That’s normal. Divorce is emotional. And talking to a lawyer about your personal life would make anyone nervous.

Do people complain about their lawyer ratings?

Their rating of their lawyer may have more to do with them, than it does with their lawyer.

1. Do not choose the first divorce lawyer that you find

Take your time in looking for a divorce attorney. Allow yourself to have several options by making a list of lawyers you think can provide the kind of legal service you need. Do not immediately sign up with the first one that you find. Explore your options first.

2. Choose your lawyer according to the type of divorce process you need to use

Before finalizing your choice of a divorce attorney, you must first determine what type of divorce process suits your needs, goal, and situation. There are seven types that you can choose from:

3. Choose a divorce lawyer who respects and values the professional ethics of their industry

You may encounter smooth-talking lawyers who like to brag about their achievements. While there is nothing wrong with being proud of one’s successes, this should not be done in a manner that disrespects other lawyers you are considering or interviewing.

4. Consider your budget

Hiring a lawyer can cost you a lot of money. Most of them charge by the hour, but there are always exceptions to the rule. With that said, it is also vital to keep in mind that not all higher-rate attorneys provide quality legal services.

6. Choose local

Family law attorneys who practice in your state or area should be your priority. Working with a locally-based lawyer has a lot of advantages, foremost of which is familiarity with state or county divorce laws and with legal officials and judges.

How to find a divorce attorney?

Looking in your local yellow pages. Check your yellow pages under “attorney” then searching for ads that list divorce or family law as an area in which the attorney (s) practices.

How to narrow your divorce list?

Look for specialization within divorce law. Another easy step to narrow your list is by specialization within the umbrella of divorce law. Many state bar associations have certified specialists in family law. If you find an attorney who appears to have a specialization, only consider the attorney if you fall within the category that the lawyer usually handles.

How to get a sense of how an attorney would proceed with your case?

Prepare to ask questions related to your specific situation. To get a sense of how an attorney would proceed with your case, make sure to ask some pointed questions during your consultation . Some questions you should ask include:

How to file for divorce after assets are divided?

Consider using an experienced mediator instead. The mediator will work with you and your spouse to come up with a division of assets agreeable to both parties. After the assets have been divided, you and your spouse can file for divorce on your own.

What is a flat fee for divorce?

A flat fee is where you pay the attorney an agreed upon price for the whole divorce, regardless of the actual number of hours the attorney spends.

Why do attorneys withdraw from cases?

It is also important to remember that in certain situations, your attorney may withdraw from your case. An attorney may withdraw due to conflicts of interest; client consent; differing case strategies; a client’s unethical, fraudulent or criminal activities (in these situations an attorney may be required to withdraw from your case); personality conflicts; failure to pay fees; or a client’s failure to cooperate.

How to narrow your list of attorneys?

Review each attorney’s website. You can narrow your list further by thoroughly reviewing the website of each attorney on your list. Some things that you want to look for include:

Schedule Free Case Evaluations With Multiple Divorce Lawyers

Begin your search by Googling divorce lawyers in your area. Then, find out if they offer free case evaluations or consultations.

Ask About Their Experience and Expertise

While talking with potential lawyers, find out more about their divorce case experience. How long have they been a licensed attorney? How long have they been handling divorce cases?

Read Client Reviews

Before you choose a divorce lawyer, it’s also a good idea to find out what their past clients have to say about their legal services. You can generally find client reviews and testimonials on their website or social media pages. Look for client reviews that revolve around cases similar to yours.

Assess Their Communication Skills

When looking at your options for lawyers, pay attention to how they communicate with you. It’s important to develop a positive rapport with your lawyer, as most divorces take several months to settle.

Ask About Pricing

Finally, consider your divorce lawyer budget. Hiring an attorney for filing a divorce won’t be cheap. However, some divorce lawyers are more affordable than others.

Are You Ready to Choose a Divorce Lawyer?

As you can see, you shouldn’t hire the first divorce attorney you find. Take your time to choose a divorce lawyer who will serve you well and fits within your budget. And remember to read their client reviews before making your choice.

Who to get divorce lawyer name?

If you know someone who has been through a divorce in the past few years, and was satisfied with their divorce lawyer, get that lawyer's name.

Why is the internet important for divorce?

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.

Why are lawyers banned from rating websites?

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.

Is a lawyer rating agency infallible?

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.

Choose a Lawyer from Your Jurisdiction

There are countless divorce lawyers out there, and you might want to choose a lawyer based on a recommendation or your research.

Keep Your Eyes on the Goal

We get it. No matter what the reason for the divorce is, it can awaken certain emotions that can become quite overwhelming.

Do Your Research Thoroughly

It’s essential to choose a divorce lawyer that is well versed in the kind of divorce you want.

Watch Out for Red Flags

In watching out for your best interests, your divorce lawyer should keep your discussions confidential.

Last Words

Divorces come with a lot of stress, and having the wrong divorce lawyer can cost you a good settlement.

What are some good resources for finding a lawyer?

State bar associations are also good resources for finding lawyers who practice in the field in which you require assistance. Online resources can be another good source, and many such resources have the added benefit of offering consumer reviews, so you can see how other people have rated their interactions with a particular attorney.

Do lawyers work by themselves?

The legal team. Some lawyers work by themselves, while others have paralegals on their team or outsource some of the legal work to other lawyers. You want to make sure you know who will be handling your file, as this can have an impact on both the quality of the service you receive and the cost. Communication.