Divorces can be emotionally and financially draining. Choose trusted and highly-rated lawyers who handle divorce cases and will be there for you during the tough times. Masterson Law provides aggressive and compassionate help during your divorce.
Divorce is often referred to as a dissolution of marriage. It is a court judgment that legally ends the marriage and usually divides the marital assets and property. In order to initiate the case, the petitioner must have a “legal reason” and meet the following conditions
One of the parties must have been a resident for no fewer than ninety days before the filing. The only acceptable exception is if the party is a member of the armed forces and currently serving.
A finalized divorce will only be granted thirty days after the petition has been filed or the spouse has received it. The proceedings will be held either in the petitioner’s or respondent’s county of residence
Divorce laws allow for limited “no-fault” dissolutions. This enables the petitioner to obtain one without providing proof of adultery, abuse, or other wrongdoings. The most popular reason cited is “irreconcilable differences,” although there may be other unconfirmed grounds
Questions to Ask Before Hiring a Divorce Attorney
divorce is a huge step, and how it’s handled can have lasting impacts on the rest of your life. No matter which side you’re on, it’s wise to seek experienced legal representation. Most likely, you’ve never been divorced before, so the process is new and uncomfortable. Before hiring a divorce attorney, you need to do your homework to ensure you’re getting the best for your situation
Research every prospective attorney’s experience, as well as how your case will be handled, and what attorney fees you will pay.
If you or your spouse are in the military, you need to ensure you don’t hire a divorce attorney with no experience in military divorce. If you are wealthy and own your own business, you don’t want to hire an attorney who has never dealt with the nuanced financial issues that come with splitting large assets. You need a divorce attorney who specializes in what makes your life unique.
Once You Decide
Once you have interviewed and decided which attorney you want to hire, have that attorney draw up a fee contract. Do not give the attorney a retainer fee until a contract is written and signed by both you and the attorney. If the attorney refuses to do this, find another attorney.
How to Choose the Best Family and Divorce Lawyer
Choosing the right family lawyer to help with your divorce is an important decision facing people who are leaving a relationship. Not only is choosing someone with the right legal skills and expertise invaluable, it is important to choose a family lawyer that you can work well with, during this distressing time. Making the right choice early should help produce the best result possible in the least amount of time and at a reasonable cost
Start your search for the right lawyer as early as possible
You do not want to be placed under the stress of finding and engaging your lawyer in a short time frame. For example, don’t leave it until you receive a letter out of the blue from a lawyer acting for your ex, demanding a quick response. It is preferable to seek and instruct a family lawyer as soon as you know the relationship is on the rocks. If this is not possible, then you should engage a family lawyer as soon as possible after separation. Attend an initial appointment for some valuable preliminary advice, even if it is hoped the separation will be amicable. You will get some useful advice about your rights and obligations, and this will also secure the services of the lawyer therefore preventing your ex from using that lawyer or their law firm against you.
Only use an expert
Family law has grown in complexity since the introduction of the Family Law Act in 1975. Since then, the Act has undergone numerous and significant amendments, and is regularly under review by Parliament. Each year the Family Law Courts determine thousands of cases which set precedents for how the Act is to be applied. This continuous process of change in the Family Law system means that lawyers working in the area must dedicate a great deal of time to keeping abreast of the law as it currently applies, and doing so improves their performance for their clients. This means that choosing a lawyer who practices predominantly in family law will best advance your case and ensure you get the right advice. Experienced family lawyers from reputable firms regularly participate in professional development training. For Accredited Specialists in Family Law professional development is mandatory, and they have also passed a gruelling examination set by the state’s Law Society
In today’s world, where around 40 percent of marriages end in divorce, everyone knows someone who has recently or is currently going through a relationship breakdown. If you find yourself in similar circumstances, then speak to these people about their experience with the lawyers they may have encountered. Not everyone is willing to speak about their personal circumstances, but most people would be open about whether they had a good or bad experience with their lawyer. You could also ask a trusted professional for a recommendation to a family lawyer, such as your financial planner, accountant or conveyancer
Meet your lawyer
When you have chosen a proposed family lawyer, make an appointment to see them as soon as possible. Take a close friend or relative to this appointment to help you absorb the advice you will receive, but also to assess whether this is the right family lawyer for you.
ACTORS TO CONSIDER WHEN CHOOSING A DIVORCE ATTORNEY
When choosing a lawyer, divorcing spouses should consider each attorney’s experience, availability, track record and success
First, spouses should focus on finding attorneys who primarily practice family law and have local experience. Divorce laws vary significantly by state; for example, unlike most states, Arkansas requires spouses to establish fault for the divorce or live separately for 18 months. To ensure best results, a divorce attorney should have detailed knowledge and experience with these distinct laws
Focus and availability
Divorcing spouses should use their initial meetings with prospective attorneys to assess how available and engaged each attorney is. Spouses may want to consider the attorney’s caseload and the level of attention that the attorney provides during the consultation. An attorney who seems distracted might not dedicate adequate attention to the case later. Spouses should also evaluate how easy reaching and communication with each attorney will be.
Quality of assistance
An attorney’s associates and support staff often perform essential duties over the course of a divorce case. Many divorcing spouses may even work largely with these members of the firm. Therefore, before making any commitments, spouses may want to request an opportunity to meet these individuals and assess whether working with them will be feasible.
Accuracy and honesty
According to CNBC, spouses should take note if an attorney makes guarantees or seems to simply be saying what the spouse wants to hear. Ideally, divorcing spouses should hire attorneys who can evaluate the situation accurately and honestly. To find the best representative, spouses should meet with multiple lawyers and request assessments of the case. This can help spouses determine whether any attorneys are being unrealistic or making unlikely promises.
Choosing The Best Divorce Lawyer or Family Law Attorney
Finding the right attorney can be a challenging exercise. There are many good and ethical divorce attorneys who would be happy to represent you, but there are also many who don’t keep up to date with the law, don’t care much about your personal needs and/or charge too much. No matter how straightforward your case, it will likely move faster and be easier if you have a competent attorney to oversee it from beginning to end.
Don’t go around asking your friends or family for the most cutthroat litigation-happy divorce attorney they have ever heard of. Don’t employ an attorney who badmouths his/her colleagues and who tells you that you can get whatever you want out of your spouse if you just fight for it and that your spouse will pay all the costs of the divorce including yours. Rather search for an attorney who will represent your interests, whether that means fighting it out in court or making sure you get a fair settlement. Ask your divorced friends or family members whether they liked their attorneys, and why. Find an attorney who will treat both you and your spouse with respect and who considers the welfare of your children as his/her top priority.
Your attorney cannot manage your case without your help. Because divorce deals primarily with children and financial issues, you need to provide your attorney with all the information he/she requires to be able to deal with your case in a constructive manner. As a client you need to be calm, coherent and reasonable. Working with an attorney takes some patience, and you must remember that your attorney has other responsibilities and other cases that may be more pressing at certain times. It doesn’t mean, however, that your questions or concerns should be ignored, but you have to be realistic in your expectations
It is up to you personally to convey the seriousness of your concerns, but if you call daily with the same concern, your attorney may not respond as fast as you want him/her to. You don’t want to involve your attorney in every disagreement you have with your spouse or every conflict that occurs in exercising your rights with regards to your children. If your attorney has a legal secretary or paralegal or associate, try to speak to him/her. Although these professionals are generally not able to give you the same advice, they may be able to answer basic questions or reach your attorney to get an answer.
Time is money in the legal profession, and the more time you spend with your attorney, the more it will cost you. That is why it is so important to approach meetings or phone calls in an organised way. Think about your questions or issues in advance, and list them to discuss with your attorney.