when to contact a divorce lawyer

by Prof. Maximillian Cormier IV 8 min read

There are certain situations when hiring a divorce lawyer makes sense, and you should probably do it. You should probably hire an attorney if: There's a problem with abuse You think your spouse is lying about certain issues or being vindictive Your spouse has retained an attorney Your divorce involves children or complicated financial issues

Full Answer

When should I hire a divorce attorney?

Dec 16, 2019 · There are, however, certain situations when a divorce is advisable, these include: Abuse – If you and/or your children are being physically and/or emotionally abused, you should seek the help you need, and this includes calling a divorce lawyer. It’s important to recognize that abuse can take many forms.

How can an attorney help a spouse in a divorce?

Apr 06, 2022 · When you contact a divorce lawyer, the first thing you should expect is that the lawyer will ask some basic information from you to run a conflicts check. A conflicts check is an internal search through the law firm’s database to make sure that there is no conflict with the lawyer speaking with you.

What should I expect from a divorce lawyer?

Jun 15, 2020 · There are certain situations when hiring a divorce lawyer makes sense, and you should probably do it. You should probably hire an attorney if: There's a problem with abuse; You think your spouse is lying about certain issues or being vindictive; Your spouse has retained an attorney; Your divorce involves children or complicated financial issues

Should I contact my spouse during my divorce?

Feb 26, 2022 · 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. 2 In a 2019 study by Martindale-Nolo Research, attorney fees for ...

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What do you do when you are divorced?

Some “do’s” for divorce cases include: Do: If possible, come to an agreement regarding divorce issues. This makes the process quicker and smoother for all parties. It is alright, of course, if every issue is not resolved by agreement. Do: Be honest. Be honest with the attorney and with the court.

Why is it important to hire a divorce lawyer?

For most individuals, a divorce is simply too complex and emotionally challenging to handle on their own. A divorce lawyer can advise you on the laws of your state and your rights under those laws.

What is business related information?

Business-Related Information, especially if the business is owned and/or operated jointly by the spouses: Tax information from the business; Profits and/or losses statements for the business; Balance sheets, financial statements, insurance policies, and/or any other books kept by the business;

How to prepare for a divorce?

Many, if not all, aspects of their life will be changing. The first step to a strong divorce case is hiring an experienced family law attorney.

What is a no fault divorce?

In a fault divorce state, a party must show the spouse caused the marriage to end. An attorney will be able to determine what actions constitute fault in these states.

Can you hide money during divorce?

Do: If children are involved, keep them and their needs in mind at all times. Children often have the hardest times during their parents’ divorce.

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.

What is collaborative divorce?

In collaborative practice, both sides agree to share information voluntarily and work towards a settlement. In order to use this process, your spouse will need to agree to a collaborative divorce and hire a collaborative lawyer as well.

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.

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.

5 Things Your Divorce Lawyer Needs to Know

Once you’ve chosen a lawyer, you’ll need to provide information. When your lawyer requests information, respond as quickly, completely, and concisely as you can; don’t write a 24-page document when all that was required was a “yes” or “no.” The following checklist will give you an idea of what you may need to disclose:

What Your Divorce Lawyer Expects from You

Your lawyer hopes you’ll be calm, businesslike, and well prepared. Ideal clients can control their emotions, are organized, willing to work with the lawyer, and listen to their lawyer’s advice.

5 Ways to be an Ideal Client

To get the best service from your divorce lawyer, it’s essential to be a good client. Here’s how to gain his or her respect:

What You Should Expect from Your Divorce Lawyer

From the day you hire your lawyer, you both should have a clear understanding of what you need and expect from each other. Ask for a written agreement that details the terms of your lawyer-client relationship. If he or she won’t provide one, find another lawyer.

When Should I Communicate Directly With a Divorcing Spouse?

Before calling or texting your soon-to-be ex, ask yourself whether the communication is positive and important. Hateful messages or threats to make the divorce process miserable are counterproductive. Moreover, foul language and threats may later be used against you in court. It’s important to be on your best behavior when contacting your spouse.

When Should I Communicate Through an Attorney?

Although open communication lines are good, sometimes it’s advisable for spouses to only communicate through an attorney. Specifically, if there’s been any history of domestic violence, don’t contact your spouse directly. Be aware that if a protective or no contact order is in place, you are prohibited from contacting your spouse at all.

Do I Need To Save or Record Communications With My Spouse?

You won’t need to send your attorney every email or text from your spouse, but you should file away any significant communications. For example, keep copies of letters, emails, or texts that discuss visitation schedules, debt repayment, infidelity, children’s report cards or medical records, tax returns, or offers to settle.

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.

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.

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.

How much does a divorce cost?

Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.

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.

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 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.

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