A good lawyer will work with you and advise you on what you should and should NOT do during the process of your divorce. How do you know if your divorce lawyer is good? – If your attorney communicates well with you, doesn’t make bold promises, asks questions and listens to your answers – you more than likely have a very good attorney.
Here is a list of the 9 things you should never do during a divorce:
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You need someone who can take the following actions on your behalf:
There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case.
It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant.
A collaborative divorce is a cooperative process where an experienced team guides you through your divorce with minimal stress and expense. Litigation is an adversarial approach to divorce and involves going to court, presenting evidence, ...
Going to court encourages fighting, the stress of litigation makes it more likely you will become emotional, and the lawyers will control the divorce because court rules and procedures are complex.
Making a marriage work can be challenging, especially when one spouse is considering divorce. It takes time and effort to rebuilt a relationship, but if both spouses are committed to making the marriage work, reconciliation is possible. 1.
Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair , an investigator is likely to be involved. If you are in an abusive relationship, make certain you tell your lawyer, even if you are ashamed of it. Also, if you have contracted a sexually transmitted disease or have hidden assets or debts, ...
During the discovery process, if you opt for a litigated divorce , these facts are likely to come up and in a collaborative divorce, you are obligated to share all relevant information with the other side. Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair, an investigator is likely to be involved. ...
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.
Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.
It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.
There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice.
Key points to look for when searching for a good divorce lawyer-. 1. Understand your lawyer’s role. The goal of using a lawyer to help in your divorce process is to move the dissolution of your marriage forward in a fair and equitable manner. The main points of discussion when meeting with a lawyer should focus on money, ...
You want to get a sense of different approaches so it is important to meet with several lawyers in order to decide on one who would be the right lawyer for your unique situation. Often times, you can get a sense of what a lawyer is like from your first phone call to their practice.
Finding the right lawyer could end up saving you time and money, and help you avoid long, drawn-out battles with your ex-spouse to be. Remember, your divorce will shape the rest of your life, so choose your lawyer wisely. Spending time to do the necessary research from the outset will truly be time well-spent.
If they don’t specialize in family law exclusively, find out what percentage of the practice is devoted to family law; it should be at least 50% of their caseload. Depending on your financial situation, you may want to seek a lawyer who also has expertise in finance and property laws. It is important to get a good “fit”.
Check their online presence. In years past, some states allowed lawyers to advertise in telephone directories. If you still use a directory, you can always check there, but nowadays nearly all lawyers and legal practice s have websites that you can check out.
Hopefully, you will have done your research and your divorce can move along and be finalized without major hitches. It is never an easy decision to divorce, but going in with knowledge can help make this transition time less uncertain and a bit easier to get through.
Deciding to divorce can be a long, soul-searching and emotionally-draining process. Adding to the stress is the necessity of finding a good divorce lawyer from the beginning. It is important to have top-notch legal representation, however, so do your research and find the best divorce lawyer you can afford. Finding the right lawyer could end up ...
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
Divorce attorneys work hard to achieve favorable and fair results for their clients. Good clients appreciate the effort, even if things don't always work out the way they hoped. Many clients are never happy, win or lose, and are not afraid to let their attorney know it.
Here are five things your attorney really wants to tell you, but doesn't because he wants to maintain the relationship and keep you as a client. You're better off knowing this though because it will influence your relationship with your lawyer and the value he/she provides to you. Advertisement. 1. You call too often.
If I had to bet, I would say that one of the reasons you are getting divorced, or already divorced is because of conflicts with your spouse over parenting. It's very common and one of the more stressful phases of a divorce.
When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential.
Most attorneys charge on an hourly basis, which is stated in your retainer agreement. Clients pay for an attorney's time. Your attorney is not your therapist, although I play one on t.v. I always tell clients I will talk to you as long as you want, but don't be surprised when you get the bill.
Your attorney will contact you when he/she needs something from you. There are periods in every case where nothing is going on and there is down time. Your attorney should give you periodic updates on the status of things and it's ok to check in yourself, but daily calls are unnecessary and only run up your bill.
Attorneys are not free. They get paid for provide you with their time, knowledge and services. Now, it's often the case in a divorce that money is tight and most attorneys are sensitive to this, but they have to pay their bills too and can't work for free. You can't expect them to work for free.