Divorce has the potential to be an extremely stressful event. Physicians and psychologists rank divorce with the death of a loved one, serious illness, and job loss as one of life’s greatest challenges. Having a good family attorney can make this often difficult process considerably less arduous.
When searching for a divorce attorney, one must examine the situation surrounding the split and assess whether the legalities are likely to be adversarial or conciliatory. The length of the marriage needs to be considered, as well as any child custody issues. One should make a list of all property and assets that will need to be divided, and consider what, if anything, belonged to each spouse at the start of the union. A prenuptial agreement may be in place. Some states have community property laws that will also affect how the case proceeds. If there are extenuating circumstances, such as infidelity or abuse, these will need to be discussed, as well.
It is vital to find an attorney who can address one’s specific needs with regard to the list above. Many people find their attorney via word of mouth from friends or colleagues who have already gone through a divorce. There are also websites that rank and review law firms and individual attorneys. The state bar association is another good source for recommendations, as are membership organizations for professionals who work in the family court system. For those who cannot afford a lawyer, many municipalities have subsidized legal aid, and some law schools also offer pro bono (free) services. A law firm that has already worked with the divorcing couple on other matters, such as probate or real estate, may find it a conflict of interest to represent one party against the other in a divorce.
During the selection process, it is wise to make a shortlist of firms or practitioners in consideration and to prepare a list of questions for them. In the case of a fairly amicable divorce or one that can be easily drawn up and stipulated in a judge’s chambers, finding an attorney who can work with one’s spouse’s representation may prove advantageous. Many divorce attorneys will recommend peers with whom they have a particularly good business relationship. Likewise, they may be familiar with good divorce mediators in the area, who can help participants come to an agreement outside of the courtroom.
If the divorce is more contentious, finding a lawyer who can defend one’s interests is of the utmost importance. One should inquire about an attorney’s experience in matrimonial law, as well his or her background in litigation. While a small legal office may be able to devote more time and personal attention to each client, a large firm offers staff that can deal with documents and the minutiae that come with a complicated divorce. It is a good idea to ask who will be the main client contact and if that is a partner, an associate, or an assistant or paralegal. All fees should be spelled out up front, and a retainer, or down payment on services may be requested.
While the media stereotype persists of the divorce attorney as a shark who wants to drag out the proceedings and make more money, most practitioners of family law simply want to represent their clients to the best of their ability. A good Divorce Attorney strikes a balance between protecting the client’s interests and handling the case with dispatch so both parties can move on. In the long run, this is what generates good feedback and keeps the best lawyers in business.