No doubt you know several people who have been through a divorce in your local area. Each one is sure to have an opinion and the name of a "great divorce lawyer". But it is not enough to rely on the advice of friends and neighbors.
Referrals are an excellent place to start looking for a divorce lawyer, in addition to the internet and local advertising resources, but you need to go further and do some research of your own. Why? Because your divorce is unique to you and your circumstances and it is essential that you find a divorce lawyer who can represent your needs and best interests. The best advice as referrals go is to choose the person whose experiences most closely match your own, make sure they had a positive outcome, and put their lawyer on your list of possibles, along with two or three others. Then set up an appointment to interview them.
What To Ask At Divorce Lawyer Interviews
Formulate a list of questions before your first meeting with potential divorce lawyers that are both general and unique to your situation. Some things you might want to ask?
During the initial call?
- Is there a consultation fee? - What is the lawyer's hourly fee? - How busy is the lawyer's schedule?
About the lawyer's background?
- How long practicing? - Does lawyer specialize in family/divorce? - Does lawyer have experience with cases similar to yours? Recently? - Experience with custody cases? -Settlement and meditation experience? - What is lawyer's style in court and negotiations?
About the particulars of your case?
- What strategy is proposed for your case? - Will lawyer handle your case personally or delegate to an associate? Can you meet him/her? - How long is your case expected to take? - What are the tax implications of your settlement? Will help be available as the case progresses to help you determine such? - Are you allowed to contact/negotiate with your spouse? - What is lawyer's prediction of case outcome (realize no guarantees can be made; beware if you are guaranteed anything!)?
About office billing and administration?
- What is expected as a retainer? How applied to your billing? - What hourly rate will you be billed? - Will you be billed for services of other personnel? - What additional expenses might be involved (travel, investigators, consultants, professionals?)? - Is the lawyer insured for malpractice (be sure that he/she is!)?
Regarding contact with your lawyer?
- How can you contact your lawyer (include emergency contact)? - How long will your lawyer take to get back to you when contacted (with some exception, expect returns calls within 24 hours)?
Note The Experience
During the interview, you want to note two things?your rapport with the lawyer and his or her responses. From there, narrow the list down to the one with whom you feel comfortable and well-represented. If you've not yet found that person, interview more divorce lawyers until you do.
Separation in a marriage. It's not an easy situation and, in fact, can be one of the most traumatic experiences in a person's life, short of the death of a loved one. While there are manifold reasons that people choose to divorce every day, there is more than one type of divorce. In this article we'll discuss the need for a divorce lawyer and how she can aid you in understanding your options during your trying time.
First, divorce is like war, in that it should only be the very last action employed, when all talks and all other actions have been taken to ameliorate the situation. This should definitely include seeing a marriage counselor for a substantial amount of time. Very often by having a third-party mediator, emotions can be stilled, allowing for logic and fresh insight to come out, and so calming the troubled waters that oft befall married people.
However, as counselors are not miracle workers, sometimes insufferable differences make it necessary to seek a divorce lawyer. There are numerous reasons for seeking the services of a divorce lawyer, the two most important being dispute over ownership of property and custody of children. We'll touch lightly upon these two issues in a moment.
First, it should be known that there are two different categories that your divorce lawyer will present you with, each representing a different type of split-up. As every divorce situation is different, the need for these two classifications was created. They are called ?no-fault divorce? and ?fault divorce.?
In the former, no proof of wrong doing is necessary. The spouse seeking legal separation usually does not even need to give a reason, or if so, simply may state ?incompatibility,? ?don't get along,? or something along these lines. It should be noted however, that in some states a period of living apart must first be exercised. This can be a few months to a year, depending on the state. Your divorce lawyer will know the details of this.
In the second form of divorce, ?fault divorce,? one of the spouses must state a more extreme reason for the split, including physical or emotional abuse, inability of sexual performance not known at the time of marriage, infidelity, incarceration in a penitentiary, or desertion.
The reason for the two types of divorces is two-fold. First, the ?no-fault? takes much more time, well over a year in some cases, whereas the ?fault? divorce is more expedient. As well, as your divorce lawyer will detail for you, in a ?fault? divorce, if someone is seeking custody of their children or more property in the settlement, such a divorce will bolster their legal argument.
There are numerous books claiming that you can file your own divorce, which is true. This person should have the answers to your questions. However, if you are desirous of a ?fault?-type legal separation, find a divorce lawyer.
Both Ic & Hege Crowton are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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