what should a good divorce lawyer do

A good divorce lawyer will try to negotiate resolution of some of the issues that are important to you before heading straight to court. (Of course, the ability to communicate well with your spouse and his/her attorney does require some cooperation on their part as well.)

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What does it take to become a divorce lawyer?

For some guidelines, refer to the following list: Your lawyer should have an overall plan for your case. This might simply mean that she plans to meet with your spouse's... Early in your case, your lawyer should demand any and all financial documents in your spouse's possession so …

What does a divorce lawyer actually do?

Aug 28, 2019 · There are some tasks that your lawyer will take care of, including drafting paperwork, filing documents, and keeping track of deadlines. You aren’t expected to know the laws of your state or handle the logistics of your case—that’s why people hire divorce lawyers in the first place. An experienced attorney will take charge of your divorce, but will need your help …

What to look for in a good divorce attorney?

Aug 05, 2020 · 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.

What are good questions to ask a divorce lawyer?

Dec 22, 2017 · Show All 1. Understand your lawyer’s role The goal of using a lawyer to help in your divorce process is to move the dissolution... 2. The importance of research While your goal here is not to become an authority on the ins and outs of …

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

1. The ability to communicate well

Clear and easy communication with your divorce lawyer is critical. During your case, you will need to be able to effectively communicate your concerns and expectations to your lawyer, and your attorney will need to be able to clearly explain things to you regarding your case and provide you with realistic expectations.

2. Skill and experience

You should look for an attorney who not only can represent you, but can represent you well. And in order to represent you well, the attorney must be skilled. Your divorce case is likely to touch all aspects of your life-family, finances, retirement, career, etc.

3. Availability

When considering hiring an attorney to represent you in your divorce, look for someone who is available at the key points in your case (or who has the support available if an issue comes up while your attorney is in court on another matter or out of the office).

4. Composure (a.k.a. working well under pressure)

Your attorney's ability to maintain composure is not just about staying calm and focused with you, but also about exhibiting self-control before the court or with your spouse's attorney, even if frustrated.

5. Support and resources

It is unlikely that you will be your attorney's only client, and because your attorney is human, your attorney will not always be immediately available to you when you have a question. You should look for an attorney who has support staff and other attorneys available to assist in the event of an emergency.

All that sounds great. But how do I find a divorce lawyer that meets these standards?

Finding a divorce lawyer you are comfortable with, who will also skillfully prepare and present your case and represent you zealously, can take some work.

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.

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.

Is divorce painful?

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.

What is the marriage.com course?

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.

Is it important to find a good divorce lawyer?

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 ...

How to use a lawyer for divorce?

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, other assets such as real estate and investments, and custody of any children. ...

What to look for in a divorce lawyer?

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, ...

Is it easy to divorce?

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.

What is the marriage.com course?

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.

What is the job of a divorce attorney?

Your divorce attorney's job is to represent you to the best of his or her ability in this process. While you might want them to listen to your anger, frustration, pain and sadness, that is not their job. They are not trained to be your therapist or coach, and they don't want to be.

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 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.

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 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.

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.

Who is Laura Miolla?

Laura Miolla is a Separation and Divorce Coach who helps people find clarity, empowerment and confidence in the difficult divorce process. Use coaching to make better decisions in your divorce, achieve better outcomes, and lower the cost.

Do divorce attorneys charge by the hour?

Divorce attorneys almost always charge by the hour, rather than a flat fee, because every divorce case is unique. Even if your situation looks similar on the surface to another couple’s (a two-income household with two kids and a home owned together), it doesn’t mean your case will turn out the same way.

Why does divorce take so long?

There are several reasons divorces can take a long time, including the number and type of contested issues, combative spouses (or attorneys), the amount of time needed to gather evidence about things like complex finances or custody issues, and whether you go to trial.

What is the Martindale-Nolo survey?

References in this article to survey results come from Martindale-Nolo Research's 2019 divorce study, which analyzed survey responses from readers who had recently gone through a divorce and had researched hiring a lawyer. The names of any readers quoted in this article have been changed to protect their privacy.

What to talk about when you divorce your spouse?

When you and your spouse decide to divorce, if you can communicate, try to talk about each of your ideal outcomes for child custody, visitation, child support, property division, and alimony.

Can you represent yourself in divorce?

Although you might feel like you can represent yourself in your divorce, when one side has an attorney and the other doesn't, it often results in the unrepresented party walking away without a fair deal. Do yourself a favor, hire an attorney and level the playing field.

What is collaborative practice in divorce?

While most attorneys are willing to utilize alternative divorce solutions, like mediation, some are trying a new divorce method called "collaborative practice," which is where the clients and lawyers agree, in advance, not to litigate in court.

Is divorce pleasant?

Do yourself a favor, hire an attorney and level the playing field. Although no divorce is pleasant, some are outright unbearable, especially if the other party in your case is hiding assets, destroying property, wasting marital funds, or threatening you with physical or financial ruin for filing for divorce.

Can a divorce be settled on your own?

Although divorce is one of the most complex and emotional legal processes in family law, not all couples require in-depth court assistance to end their marriage. If you and your spouse are on the same page about what you want for your family, you may be able to negotiate a divorce settlement on your own.

Why is it so hard to be honest in divorce?

It’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about ...

Why is it difficult to be honest with an attorney?

It’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about them. For example, suppose you have slapped or spanked your child or you are having an affair. You may be tempted to omit these details – but that’s dangerous because if your attorney doesn’t know about the potential problem, it may damage your case.

Can you bring a friend to a divorce meeting?

Bringing a friend to the meetings with your attorney may destroy attorney-client privilege. Being in a hurry will put you at a disadvantage and may increase the cost of your divorce. Never say never, because you will likely have to change your mind during the course of the divorce process.

What is collaborative divorce?

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, ...

How to reconcile a marriage?

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.

Where is Harry Munsinger?

He has over twenty years experience resolving disputes involving divorce, probate, wills, and trusts. Harry was an adjunct law professor at the University of Texas and St. Mary’s University. He has published several textbooks and over forty psychological and legal articles. Harry has been a forensic psychology expert, a licensed psychologist and a litigator.

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.

Can a divorce lawyer tell you that you can come to a full agreement?

"Divorce lawyers won't tell you that you can come to a full agreement in your case at any time," says divorce attorney Russell D. Knight. Instead, they would prefer to engage in the lengthy process of "discovery"—tallying debts and assets—before drawing up the final documents.

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.

Do divorce lawyers charge by the hour?

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 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.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

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.

The Ability to Communicate Well

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Skill and Experience

Availability

Composure

Support and Resources