Going through a divorce without the best divorce attorney could lead to one’s interest not represented fully.
Those who get their divorce case in their favor typically hired the best divorce attorney near them.
A divorce attorney is a family law lawyer specializing in divorce cases and the complex aftermath associated with it.
Divorce attorneys act as pillars for their client by supporting and assisting him or her in such emotionally as well as financially draining moment. There is never a win-lose situation in a marriage dissolution cases. There is always a settlement both parties need to agree with. A divorce lawyer does his or her best to get the settlement in favor of their client.
Having the right divorce attorney will likely make your situation easier than going at it alone. It is always good to have the guidance of an expert during a stressful time like divorce.
On this page you will learn about the following topics:
- What is divorce
- Do you need a divorce attorney
- Hiring a divorce lawyer: choosing the right attorney for your case
- Types of divorce that divorce attorneys typically handle
- Tips for finding the best divorce attorney near you
- 10 things you should not do when you divorce
- Questions to ask before getting a divorce
- Asking about affordable divorce payment plans
- Some divorce attorneys offer an initial divorce free consultation
- Calling the number on the website to be connected with a divorce law firm
What is a divorce?
Divorce is basically a judicial decree which dissolves a marriage. Divorce comes with issues of division of property and debts, child custody and care, etc. A divorce provides each person with a legal right to marry someone again.
Earlier there were only ‘fault divorces’ available. Now there is the availability of ‘no-fault divorces’ everywhere, in some form at least.
Before granting a divorce, there are five main issues which need to be resolved – alimony (also known as spousal support), child custody, division of debts and property, child support and visitation. If these issues are resolved quickly, then the legal dissolution of the marriage becomes uncontested and proceeds quickly.
Some people opt to handle uncontested divorce on their own without hiring a divorce attorney, even though, this type of divorce is usually easy, one should still hire a divorce lawyer to ensure that things are done legally to avoid future issues.
If these issues aren’t resolved and become complicated, then the dissolution of marriage becomes contested and requires a trial in which the decision on above-mentioned issues lies with the family court jury. An attorney for divorce is always recommended for a contested marriage dissolution because of how complicated they get.
There are some DR methods which are tried on the divorcing couples, prior to finalizing a divorce. Some of the ADR methods are – mediation, arbitration, and collaborative divorce.
Alimony or spousal support is the financial help provided by one spouse to the other. Alimony is determined by several factors like the age of the parties and their health issues, duration of the marriage, eligibility of the spouses to earn a living, etc.
Do you need a divorce attorney?
The complex divorce-related issues are extremely hard trying to solve them on your own. There is always an urgent need to contact a divorce attorney in such cases.
A divorce lawyer will understand your point of view, interest, and expectations from divorce. He or she can help you explain the grounds of divorce in the court and reach a settlement which is in your interest. The right lawyers will make sure that the right paper works are files correctly and timely.
An attorney for divorce can guide you to plan your course of action and assist you in various legal processes before the marriage dissolution is final. Hiring a divorce attorney in such cases is like hiring a helping hand.
Not only do these lawyers help you with the legal part of your case, but some of them can also be an emotional support system as they can lend their ears to listen to your divorce pains and challenges. They are great advisers who will tell you when to keep fighting and when to seek a middle ground.
Hiring a divorce lawyer: choosing the right attorney for your case
We have pointed out that it is important to hire a divorce attorney to handle your divorce case. So before hiring a lawyer for your divorce, you need to make sure that you are choosing the right attorney suitable for your situation.
In other to find the right fit for your case you need to understand and define what’s important to you. For some people price important for them. Maybe you want divorce attorneys who are aggressive or the same gender as yourself. Maybe you want a divorce lawyer who is will do everything you ask for instead of giving you the best advice as to when to stop fighting and work out a deal.
A family law specialist may be important to you or you may be open to working with a general legal practitioner.
Regardless of the type of lawyer you want representing you, you need to speak with different attorneys for divorce and ask them questions to make sure that you guys will be a good fit.
If you do not wish to fight for every single thing in your divorce then you need to be dealing with a lawyer who is all about being fair and reaching a common ground. If you want to fight for every single thing and win at all cost them find an aggressive attorney who is willing to do that.
Divorce is already stressful so why work with a lawyer who is not the right fit for you?
Types of divorce that divorce attorneys typically handle
There are many types of divorce a divorce attorney can help their clients with. The different type of divorce comes with its challenges and laws so it is wise to hire a professional legal expert who understands the different types of divorce.
Below is a quick overview of the different types of divorce, however, when you speak with an attorney he or she can explain these in details as they pertain to your case. Depending upon the reason of divorce, situation during divorce and the agreement on a settlement, divorce law cases can be broadly classified as:
When the grounds of the divorce are based on some fault of one spouse which led to pain and suffering to the other, this type of divorce is called fault divorce. A fault divorce is often followed by some sort of punishment given by the court to the spouse who is at fault.
A no-fault divorce is the one in which the spouse who files the divorce does not alleges the other spouse of committing some fault which led to divorce. The most obvious reasons for such kind of divorces are irreconcilable differences between the couple.
In this kind of divorce, there is no mutual understanding and agreement of settlement in the divorce-related matters and the case goes to trial. The jury makes the final decision.
In an uncontested divorce, both the spouses are equally interested in reaching the settlement and speeding up the divorce process.
This is a kind of out of court settlement in which the judge acts as a third party and considers the issues of both the parties well and gives a judgment.
Just like arbitration, there is a third party involved in this type of divorce, which listens and understands the point of view of both parties but does not give any decision.
In the picture of this type of divorce, the court is missing. The divorcing couples reach a settlement with the help of law attorneys, outside the court.
Summary divorce: This is the simplest form of divorce in which there is no issue of child custody, and property division etc. It is all about ending the marriage legally.
When you speak with or hire a family law attorney, he or will advice you on the best divorce to file or seek based on your unique situation.
Divorce process: what happens in a divorce?
The type of divorce process you will go through depends on the type of divorce you pick, that is whether you want a complicated or simple divorce. The simple or uncontested divorce process is shorter while a contested divorce process is longer because of how complicated it is.
Here is a quick overview of some of the divorce process and what happens in an uncontested or contested divorce:
Contested Divorce Process
The contested divorce typically go through the informational gathering, discovery, settlement, trial, and appeal phase etc.
Information gathering phase: This is the stage that each attorney gathers information for the case.
Discovery phase: The discovery stage is where the spouses are able to obtain detailed information from one another about such matters such as income, custody, debts, and marital assets etc. This process is usually done through document requests, and depositions, and written interrogatories. .
Settlement phase: This is the stage where negotiations are encouraged by the court so that the case will be settled fast.
Trial phase: If the two parties cannot reach an agreement during the settlement stage then the case will head to trial. A court date will be scheduled at the family law court and the parties will show up in courts with their divorce attorneys to litigate the case.
Post-trial motion: After the trial, the trial ends and the judge presiding on the case has signed the divorce order, each party is entitled to a post-trial motion. Typically in each state, each party will have 30 days to file this motion and if accepted by the court, the other party will have 30 days to respond to it.
Appeal phase: When divorce ends some or all parties might not be happy with the order issued by the judge so each party can appeal if their post-trial motion was denied. Each party will get 30 days to appeal and 30 days to reply to the appeal. If an appeal is denied by the court then the case is over.
Uncontested divorce process
An uncontested divorce is a very simple process. You basically file for a divorce and each party will be served and each will respond and the court will approve.
You may still want to speak with a divorce attorney even through an uncontested divorce to make sure that things are done legally and that the right papers are files and responses are done timely.
Tips for finding the best divorce attorney near you
It is always a challenge finding the best lawyer and finding the right divorce attorney is no exception. It is very important that you work with the right divorce law firm so that you can reduce your stress and have a peace of mind knowing that your interests will be represented. Divorce is already stressful so why add to it by hiring the wrong law firm.
Below are some tips to finding and hiring the right divorce attorneys near you:
- When you speak to a law firm ask about their experience in handling cases like yours
- Find out exactly how much the attorney fees will be and what they will do for you exactly
- Ask about their process and how they communicate with clients
- Ask friends and family members for recommendation
- Look online on google and bing for divorces lawyers websites
- Look on reviews sites like google reviews, yelp, FindLaw, and Avvo to see reviews of attorneys
- If you know other types of lawyers ask them if they handle family and divorce law or know someone who does
10 things you should not do when you divorce
When you decide to divorce, there something you do not want to do if you want to have a smooth divorce and not complicate an already emotional situation. So here are some tips on things you should not do when you divorce:
- Be careful when seeking or consulting with family members and friends for divorce advice: Friends and family members tend to make relationships worse, especially during divorce. They tend to tell you what you want to hear instead of the truth. Some do it intentionally and some do it because they love you and do not know better.
- Do not forget to consult with experienced and skilled divorce attorneys: Who is better to advise you than a divorce lawyer who has seen it all.?
- Do not neglect your finances, kids, and other obligations as a parent: These are things that can be used against you during the divorce and will make things complicated for you.
- Do not become petty and fight for every little thing just to annoy your partner: We get it you are angry but being petty will complicate your divorce and cost you more money financially. If you re not willing to compromise then get ready to have a lengthy divorce and pay a lot of money to your divorce attorney to keep dragging the case.
- Never take it out on the kids: As people go through an emotional situation like divorce, it is so easy to find someone to blame it on and kids can be the easiest target to blame it on.
- Never refuse to seek professional help from a therapist: Do not let the stigma that only people with issues see therapists prevent you from seeking one. A divorce therapist can help you cope with the process and make your life easier to stay on track.
- Do not settle early: We get it, you want to get it over with but you also do not want to rush your divorce do things you will regret later. You do not want to complicate your divorce and drag it for a long time but you also do not want to settle things so fast that you will regret it down the line.
- Do not tell a lot of people that you are getting divorced: Don’t run off and start telling people immediately that you are divorcing.
- Do not jump into another relationship immediately: You may want to give your self time to heal and focus on getting your deal finalized.
- Do not hire a cheap and the wrong lawyer: Many may be a factor but do not make the mistake of hiring the wrong divorce lawyer as this will cost you on the long terms both financially and emotionally. Take your time and speak to different attorneys before making your choice on who is right for you.
Questions to ask before getting a divorce
We get it you want to leave your partner and move, however, before you make that move there are some questions you might want to ask before you call a divorce attorney to start the divorce process. Here are some questions to ask to be sure you are ready for divorce and have the right information.
- Am I ready for divorce?
- Have I done everything to make this marriage work?
- Has my partner done everything to make this marriage work?
- Will I be happier without my partner?
- How much will the process take?
- How much will the divorce cost?
- How much will a lawyer divorce services cost?
- What type of divorce will be best for us? Contested or uncontested
- What type of lawyer should I hire? An aggressive or an attorney who like playing fair?
- Do I want to comprise or fight for every little thing?
- How can the divorce be handled to minimize the harm it will do on the children?
Asking affordable divorce payment plans
Did you know that most divorce law firms when asked, offer easy affordable payment plan for new clients?
This good for some people seeking a divorce since hiring some of the best divorce lawyers are very expensive.
Divorce is costly not just emotionally but financially. By the time the whole process is done one is looking at tens of thousands of dollars.
Payment plans allow people to tackle the financial burden of divorce without going broke. Since most attorneys request a retainer upfront before starting a case then hour rates, an affordable payment plan will help most people afford their divorce legal fees.
So make sure to ask when you call a lawyer for payment plan options.
Some divorce attorneys offer an initial divorce free consultation
What’s next? Contact 866-304-1093 to be connected with a divorce lawyer today!
Having a skilled and passionate divorce attorney on your is very important in getting the result you want and making your divorce process go easier on you.
Please call us to be connected with a family law lawyer who might be able to help you with your marriage dissolution case.
How long will it take me to get divorced: The length of a marriage dissolution depends on many variables and different from state to state. It also depends on the type of divorce you choose. Typically contested divorce takes longer because of how complicated they typically. You can read more about the average time it takes to get divorced here.
How much do law firms charge for divorce: Again this depends on the state, the type of divorce you choose, and the experience of the attorney that you hire. Some divorce lawyers have more experience and are certified family law specialists by their state and this type of lawyers tend to charge more for family law and the legal dissolution of a marriage issues.
Another factor that will determine your divorce costs besides filing fee is the type of divorce you choose. If you choose a simple divorce which can take a few days to months in some states, then your cost will low as the lawyer do not have to go through many processes. However, If you pick an uncontested divorce then be assured that your divorce cost will be high.
What are the procedures for a divorce: Divorce procedures vary from state to state and also comes down to the type of divorce you pick. Uncontested divorce tends to have longer and more complicated procedures because of the different phase it has to go through.
What is the difference between family law and divorce lawyer: A family law and a divorce lawyer are the same really. Family law lawyer is a term used for the lawyer who handles all family law issues including divorce. While a divorce lawyer typically focuses on divorce-related matters and not other issues like adoptions or surrogacy etc.
Helpful external link
Below are some external links to help divorce resources that you can get more information from before or while working with your divorce attorney.
- Divorce Law
- Divorce Court
- Divorce challenges
- Divorce statistics
- Divorce Support Group
- Divorce Support Overseas Govt Employees