Secrets only divorce attorneys know
Divorce process is a stressful process that can easily bring out the worst in people. Some people even see divorce as a way to seek revenge on a spouse by seizing money and assets.
Although divorce can get you out of an unhappy marriage, it can also milk you for all you are worth if you don’t know your rights.
Don’t Let Emotions Lead Your Financial Decisions
People often want to take out their hurt feelings on their exes; however, it’s important not to let emotions interfere with the business at hand. In the long run, being spiteful could harm your own finances
Everything Is Divisible and Is Fair Game
Individuals often make the mistake of assuming that assets that are in their names can’t be claimed by spouses in a divorce. However, divorce experts caution that the opposite is true.
Make Big Purchases Before Filing for Divorce
Have a big purchase in mind, such as a new car? “Most states issue automatic financial restraining orders prohibiting people from making big purchases or liquidating assets after the divorce is filed, absent a court order or an agreement,” said Narris.
DivorceLawyer
Divorce is never easy, but a good divorce lawyer will make the experience as painless for you as possible. The right attorney will help you arrive at a settlement that works for you and your former spouse, and will be on hand for divorce modifications involving custody, alimony and other concerns–not just now, but for years to come.
When hiring a divorce lawyer, you’ve got to do some homework of your own. If you have friends, coworkers or relatives who can recommend someone, that’s great. Even if you’re starting from scratch, you can end up with a good attorney
Things to think about when hiring a divorce lawyer include:
Experience: How much experience does the attorney have in family law? In divorce cases? Practicing law in general? How much of his or her practice is devoted to family law issues?
Rates: Are you paying a flat fee or by the hour? Will the attorney offer a free consultation to hear your case? How often will you be billed? What miscellaneous expenses, such as court filing fees, will you have to pay?
Comfort Level: As the divorce case proceeds, you may need to talk to your divorce lawyer about personal issues, concerns, and problems. Do you feel comfortable with this person? Do you have a rapport, and do you trust him or her to advocate for you?
Divorce Lawyers Should NEVER Do These Things
Whether we like it or not, divorce lawyers are the ‘go to’ professionals for spouses deciding to separate. In fact, most people still believe that they are required to go to court in order to obtain a divorce
the vast majority of separating spouses resolve their affairs outside of court. Nonetheless, divorce lawyers are needed in order to advise spouses on their rights, obligations and preferred method to resolve their affairs. Most divorce lawyers do an excellent job serving their clients. However, there remains a small few few who don’t.
Never fan the flames.
Divorce lawyers are neutral, balanced and trusted legal advisors. Clients rely upon us to validate good choices and to correct bad choices. Especially when it comes to matters of the heart such as family and divorce, clients especially require sound legal advice even if that means disagreeing with the client’s viewpoint. Indeed, it is exactly at such moments that the benefits of independent legal advice are most valuable.
Never let a client stand on principle.
Many marriages end because of personal, emotional or moral considerations. The role of the lawyer is to assist the client to transition from the end of their marriage to the beginning of the next chapter of their life, as speedily and as painlessly as possible. Standing on principle is a sure fire way to cause the experience to be more protracted, expensive and painful.
Never befriend the client.
Although the lawyer will collect the client’s history of marriage and separation and become privy to all of the sensitive details within that family’s life, the lawyer must remain an impartial advisor. Although there are times for advocacy, what the client often needs is sound legal advice as to her options and remedies as opposed to having another person commiserate with them
Divorce Lawyers serve a critical purpose at a very sensitive time in a person’s life. What is needed is helpful, expert and objective advice to assist the client in navigating that stage in her life. When choosing a divorce lawyer, be absolutely certain that the person you select has the experience, expertise and skill set needed to achieve an amicable, speedy and inexpensive divorce settlement.
Divorce Basics Question
What options are available for filing for divorce?
you have several options for getting a divorce. These include mediation, collaborative law, a no-fault dissolution of marriage, and adversarial divorce proceedings in court
How can I use mediation for my divorce?
If you and your spouse are able to work together but have incompatible goals regarding child custody, property division, or other matters relating to your divorce, mediation may be a good option. With mediation, you and your spouse will work with a neutral “mediator” who can employ proven strategies to help you and your spouse come to terms.
What is collaborative law and how can I use it for my divorce?
Collaborative law is a relatively new concept in family law that allows divorcing spouses to avoid contentious disputes in court. In a collaborative divorce, you and your spouse will agree up front not to go to court, and you will work closely with your attorneys and subject-matter experts to come to an amicable resolution on all of the key aspects of your divorce
How do I choose the best option for my divorce?
Which option is best for you will depend on the unique circumstances involved in your divorce.
Can one attorney represent both my spouse and I in our divorce?
While it is technically possible to have one attorney represent both spouses in a divorce, we generally don’t recommend it. In most divorces, there are just too many conflicts for both spouses to have the same legal counsel. In addition, if any issue in your divorce starts to look like it might possibly end up going to court, you will likely have to hire a separate attorney anyway.
Divorce Lawyers and Family Law Attorneys
Sometimes, despite our best efforts, the future we’ve tried to build with a spouse or significant other begins to fall apart. Sometimes it can be salvaged, sometimes it can’t and you find yourself in need of an experienced divorce lawyer
we have many years of experience dealing with the issues commonly involved in divorce cases and, because of our additional backgrounds in business law and trust, estate and probate law, we are also well equipped to assist business owners and professional people through the less common issues that are also involved in their divorces
Make Sure Your Divorce Attorney is Experienced
When your marriage is headed for dissolution, it often feels like the rug’s been pulled out from under you, you’ve had your breath knocked out, and you no longer have any control over your own future or the futures of those you care most about. At these times, it’s vital to have an advisor who can help you understand your family law rights and options, as well as the rights and options of all the parties involved in the process; and to have an advocate who will go to bat for you to achieve the best possible outcome.
While most of the issues involved in Divorce Law are similar across the country, Divorce Law itself is very state-specific. It’s better to have a divorce lawyer who’s actually been practicing divorce and custody law locally, rather than a franchise of some out-of-state law firm with catchy radio ads. And, don’t be fooled by mediation mills that try to convince you that “divorce without lawyers or courtrooms” is the way to go. At best, they must remain neutral and cannot advise you as to the law and your rights. At worst, they’re attempting to practice law without a license.
Every divorce case must go to mediation before it can go to trial, and most divorce cases actually settle in mediation. It’s far better, however, to go to mediation when the case is actually ready to settle, with an ethical mediator and attorneys who have your back, than to rush into it and either blow what may be your one shot at mediation without reaching a settlement or worse yet, cut a bad deal for yourself and your children because you were not well advised.