How to Work with Divorce Lawyers & Avoid Financial Mistakes
Marriages, particularly those that end in divorce, can be complicated. Emotions run high when things don't go according to plan. Today, about 40 to 50 percent of marital unions end in divorce, according to the American Psychological Association. While some of these situations can conclude amicably, many of them don't. In these cases, couples often bring in lawyers specializing in divorce. Divorce attorneys can help divide property, establish custody of children and determine grounds for separation. With legal assistance, marriages facing divorce can find endings with financial and emotional closure.
Choosing an Attorney
Divorces are often challenging for all parties involved. When circumstances become too overwhelming to handle individually, people turn to a divorce lawyer for aid. Often times, both spouses will have their own legal representation. Every situation is different, requiring attorneys with certain qualities and skill sets. There are specific criteria couples should look for when selecting their divorce lawyers:
Experience
It's rare for people to hire a divorce attorney who is just out of law school. Instead, couples want a professional who's experienced cases like theirs in the past and been successful. When selecting their legal representation, expertise and the proper judgment should weigh heavily in people's decisions. Although these proceedings are confidential, couples should request information regarding the outcomes of past cases to make the best decision. Selecting a lawyer with many examples of previous experience will ensure that if and when times get tough, the attorney won't back down from the situation. Instead, good lawyers will take the difficulties in stride to reach the desired outcome.
Strong Reputation
Divorce proceedings, depending on the severity of the situation, could last months or even years. Open communication and honesty are crucial during this period, so spouses must each find lawyers that truly understand their cases. Prior to hiring an attorney, people need to research their potential attorneys' reputation within the field, the American Academy of Matrimonial Lawyers suggests.
Couples should ask for references and referrals from those they know and trust. People can request information from family, friends and organizations, including national, state and local bar associations. Other professionals like accountants, members of clergy and fellow lawyers can also give helpful advice.
Spouses should request a breakdown of all legal costs and extra fees.
Price
Each spouse will have his or her own budget when it comes to legal representation. It's rare that either party can afford to pay an exorbitant sum, so it's important to be honest about budget from the very beginning. Divorce attorneys have specific prices and additional costs attached to their services. Prior to hiring a lawyer, couples should request a breakdown of these expenses, including any extra fees the attorney will charge, including costs related to overtime, level of experience, duration of case and more.
People should know all details of the services they're paying for. Whether they're charged hourly or a flat fee, if the attorney passes a bulk of the load to an assistant - these and other issues are all important elements to consider when deciding on a divorce lawyer. The right attorney will fit each spouse's budget while providing the best level of service possible.
Credentials
Coupled with experience and reputation, a divorce lawyer's qualifications should be taken into account and analyzed before selection. Couples must make sure their chosen attorney is familiar with the codes and legal requirements of divorce proceedings and is certified by the right institutions. These credentials will speak to the lawyer's experience and expertise in these types of legal situations.
Relationship
Divorce is a challenging time in couples' lives, especially if there are children involved. While their home life is going through a complicated process, spouses want their interactions with their divorce lawyers to be as smooth as possible. When weighing options, people should request information regarding how the relationship will work. For example, is email the best way to get ahold of an attorney or is it better to call with questions? By laying these details out right off the bat, people can feel more comfortable with their legal representation.
In addition, spouses want to know that their relationship with their divorce lawyer will be effective. It's crucial for people to understand the level of work their legal professional will put into their case. It's common for attorneys to utilize assistants to do some of the more mundane tasks, but clients should be made aware of what specific jobs will be delegated and which ones the lawyer will take on personally.
Avoiding Financial Problems
Depending on the situation, divorce proceedings can be drawn out for a long time. Dividing custody of children, possessions and assets is complicated and could require months - and sometimes years - to complete. For many couples, hiring a divorce attorney is already costly. If the case extends past what they've budgeted for, it could mean future financial trouble. Although people should ask about all expenses before hiring legal counsel, it can be difficult to predict how situations will end. As a result, couples need to find more ways to avoid financial difficulties throughout the process.
Law firms may offer their services to couples free of charge, depending on the situation.
Inquire About Pro Bono Work
A wide array of lawyers offer their assistance to people who cannot afford representation. Pro bono lawyers promise to protect their clients' rights, doing so at no cost to the customer. Law firms and their attorneys volunteer their aid via bar associations and government programs, while other organizations - self-help facilities, law schools, legal aid clinics and more - offer lawyers varying in experience for advice and overall representation.
For divorce proceedings, there are no clear-cut qualifications for pro bono counsel. Every lawyer will have his or her own criteria for taking on a case for free. Senior citizens, people living at or below the poverty line, the disabled, members of the military and people alleging domestic violence or other abuse are more likely to receive free assistance from attorneys. Since lawyers are very selective about free counsel, so it's vital for people to provide all information relating to their cases in order to be considered for pro bono work.
Prepare a Prenuptial Agreement
While prenups were taboo in the past, they're more common today. Considering the rate of divorce, couples are signing these contracts before saying "I do" to avoid potential financial trouble. Prenuptial agreements spell out obligations should a separation or divorce occur in the future. For example, some couples could decide to split their assets in half, while others may require a specific number of years to have passed for that sort of division. Either way, prenups make people aware of their financial entitlement prior to divorce, which may make the proceedings that much easier.
Stick to the Budget
Each person has his or her own idea of how much money can be spent on legal counsel. This budget should factor in longer lengths of divorce proceedings as well as additional attorney fees. Although it's tempting to spend this money carelessly throughout the case, individuals should make sure to stick as close to their budgets as possible. A string of overspending could seriously affect their legal aid when it's most necessary. If they adhere to this budget, people can ensure they receive the same level of service throughout their case.
Divorce is not an easy situation for anyone to go through, especially couples who've been married for many years or who have children. Every situation is different. While some people may be able to handle the more complicated elements of the separation outside of court, many other couples are unable to do the same. These individuals must hire legal counsel to defend their spousal and parental rights. By weighing the right factors in their hiring decision and being mindful of their finances, couples can find the best aid possible during this trying time.