Couples don’t go into a marriage with the idea of divorcing at a later date. In fact, the divorce rate declined in the period from 2010 to 2020, according to Statista. However, the marriage rate also declined.
When a couple decides they can no longer continue their marriage, they often choose to hire lawyers to represent each party. However, as people don’t go through a divorce every day, they may wonder what factors to consider when looking for a divorce attorney. What characteristics will provide them with the best representation in the matter and ensure they get a fair settlement?
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Relevant Experience
Although any lawyer may handle a divorce, a person needs to look for an attorney conversant in family law and one who has handled matters in the local courts. Each state establishes laws regarding the division of property, child custody issues, and more. The legal professional must have knowledge of local laws and how local courts apply them for a successful outcome.
In addition, when an attorney handles matters in a local court, they learn the style of each judge. This allows them to plan a strategy that will benefit the client based on previous rulings handed down by the judge. People often ask others who they used for their divorce. However, each case differs. A person with a high income and a business needs a lawyer who has experience with similar cases, as they will deal with complex issues related to the business and its division in the divorce.
Reputation and Trustworthiness
When a couple divorces, this means something has gone wrong in the marriage. People don’t want their personal business shared with others. Look for an attorney with an excellent reputation. Although attorney-client privilege protects every person, a client must share everything with the attorney, so there are no surprises when the case goes before a judge.
Find an attorney you feel comfortable opening up to and sharing this personal information. They can then develop a plan for addressing these issues in court. This helps to reduce the embarrassment the client feels when other people get a look into their personal life. Furthermore, the lawyer should remain caring and empathetic.
An attorney should never guarantee an outcome in any court or tell a client what they want to hear. Objective advice remains critical when going through a legal proceeding, and a divorce is no exception. Choose a legal professional who will provide an honest and accurate assessment of the situation.
Divorce Process
Some men and women attempt to work out their differences rather than having matters related to the divorce handled by a judge. They may choose to pursue a cooperative divorce or a collaborative one. Some couples opt for mediation, while others feel the only way to resolve the matter is through litigation. If you and your spouse have agreed to use one of these methods, select an attorney experienced in that process.
When the couple cannot agree on matters, the person needs a lawyer well versed in litigation and negotiation. For those who want a collaborative divorce, someone experienced with these types of matters serves as a better option. Keep this in mind when meeting with different attorneys to find the right one for your unique situation.
Litigation Experience
Although a couple may embark on a divorce with the idea of it being a collaborative one, reaching an agreement serves as a challenge. If the couple cannot agree on one specific element of the case, the entire collaborative divorce could fall apart. For this reason, it’s best to look for an attorney who has experience with the desired divorce process but also one who has extensive litigation experience.
A client doesn’t want to find they didn’t get a fair settlement because their attorney wasn’t well-versed in courtroom tactics and the case went before a judge. When speaking with different lawyers, learn how many cases they resolved using the desired divorce process and how many ended up in a courtroom. Ask about the attorney’s track record in those cases that made it before a judge. This could become of importance as the case progresses.
Billing Factors
Attorneys deserve compensation for the work they do. During a divorce, a person might spend large amounts of money to get a lawyer who will fight to get them everything they want and more. However, people need to consider their changing financial circumstances. Now, each former spouse will have more expenses and less income if both parties worked. In those situations where one party worked and the other did not, alimony may become a factor in how much money each spouse will have once the divorce is final.
When one parent stayed home with the children, the other spouse may assume they will pay less because the former spouse must now work. Child care expenses become a consideration and both parents will contribute to these expenses. For this and various other reasons, a person must choose their attorney with financial considerations in mind.
Think of the future and what funds you will need to embark on your new life alone. While the attorney may calculate how much one party will owe and one party will receive in child support and alimony, both parties need to recognize that these figures could change for several reasons. It’s best to err on the side of caution and make a budget using a lower amount. Factor attorney costs in when doing so, as the attorney deserves payment, but the client needs money to live on. Find the best attorney with the money that can be set aside for this expense.
Divorce is never easy for the spouses or any children from the marriage. Look for an attorney who will help smooth the process to reduce the stress associated with ending a marriage. However, find someone who will ensure you get fair treatment. The goal should be to walk away from the divorce satisfied with the outcome, so you can move forward with your life. The right attorney helps you achieve this goal.
