Some divorce clients attempt to use their divorce attorneys as psychologists or counselors. You should not choose a divorce attorney by selecting the most empathetic or sympathetic individual from your list of candidates. If you are distressed by your separation from your spouse and want emotional support, you should seek the help of a professional counselor, psychologist, or psychiatrist. If you want your side of your divorce case presented clearly and effectively, and your interests protected under the law, find a good divorce attorney. Some of the toughest and most knowledgeable attorneys in the legal profession are divorce attorneys. They are a breed all their own, but perhaps just what you need to get the job done.
divorce attorneys
For people without the resources to pay normal legal fees, most jurisdictions have public-service organizations that handle divorce cases for moderate sums. These attorneys do a reasonably good job, but they usually have heavy caseloads, and access to their services is contingent on qualifying under stringent rules.
divorce attorneys
Here are some things to consider in your selection of a divorce attorney:
Does the attorney primarily operate a family law' practice? Divorce law is becoming more demanding every day. You should seek a attorney whose law practice consists of a substantial number of divorce and child-custody matters. Most jurisdictions have local rules surrounding divorce — special judges, appointed magistrates, mandatory mediation, obligatory counseling for parents — and it's important that your attorney be familiar with all of the requirements. At the initial interview, ask what percentage of the attorney's practice is made up of divorce cases. If the figure is low, you may want to seek another attorney.
- Is the fee hourly or fixed? Beware of fixed fee divorces unless you are absolutely certain that there will be no contested issues. attorneys who do divorces for a fixed fee rely on volume to make money. Paralegal assistants and secretaries may handle most of the paperwork for your case. These people are usually qualified to do repetitive tasks, but they are unlikely to notice details requiring special attention in a specific matter. That's your attorney's job.
If you pay a fixed fee based on your expectation that your divorce will be uncontested, and along the way your spouse decides to dispute something, your attorney is likely to ask you for more money. You may end up paying just as much as you would have had you retained a attorney on an hourly basis. Listen carefully during the initial interview. The attorney will probably warn you that if any issue becomes contested, the fixed-fee arrangement will automatically switch to an hourly one. At that point, you may be obligated to make an additional deposit before the attorney will continue working on your case.
divorce attorneys
Divorces are commonly done for hourly fees, with a retainer' of $500 to $10,000 or more to start the case. The money is deposited into the attorney's trust account, and the attorney bills against it for the hours worked. Once the initial retainer is exhausted, the attorney bills the client monthly thereafter. Some attorneys ask for additional retainers each time the prior one is gone. You should reach a clear understanding regarding such fee matters before the case begins, and the details should be included in the fee agreement. Also, if you are to be billed on an hourly
basis, you should not agree to forfeit the retainer in the event the case settles or you change attorneys. The attorney should take only the fees for work done to the point of disengagement and return the remaining money to you.
- Wilt you need a temporary restraining order or an injunction to protect you from threats, annoying phone calls, physical abuse, and other intrusive acts by your estranged spouse? If your attorney hesitates to employ those remedies, and you sincerely feel they are necessary, you should insist that the attorney seek them for you.
- Is your spouse preparing to file for divorce? If you suspect that your spouse is seriously contemplating divorce, you should consider being the first to file. The initiating party gains some important legal and psychological advantages in the case, and you may strengthen your bargaining position greatly by getting off the starting line first. Do not procrastinate. See a attorney early to find out if waiting will prejudice your case.
Another reason to hire a attorney promptly is that many smaller communities have only one tough divorce attorney or one law firm with a good reputation in the family law area. If you are the first to retain that attorney or firm, your spouse will have to go elsewhere. To accomplish this, you need not file for divorce right away. Just establish the attorney-client relationship so that your spouse will be precluded from using that firm. |
