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divorce attorney

How to Find a Divorce Lawyer

When a married couple, or just one married person, wants to divorce, the first concern is finding the right divorce lawyer. While a person’s first instinct might be to hire their one lawyer friend, or the same lawyer that handled their injury case, or the cheapest lawyer they can find, unless those lawyers know divorce law, it’s a big risk. With the help of online lawyer directories, the simplest way to find a lawyer is by calling as many as you have time to call, and talking with as many potential lawyers as you can. Divorces can range in complexity from simple to impossible. When a married couple has no assets, no children, and both parties have their own equal incomes, the divorce may be as simple as just filing some documents that a court needs to approve. However, if there are children, a marital home, a shared car, a family business, and/or other assets, it is much more complicated. So how do you evaluate a potential divorce lawyer? Not Just Any Experience One of the most important factors any client should evaluate when hiring an attorney is that attorney’s experience in the type of law they will be asked to handle. For a divorce case, you may need an attorney who knows how to handle not only a simple divorce, but also child custody, and, if there was a family business, business transactions or dissolutions. Ask your prospective attorney about prior divorces they have handled, and probe them about how complex those divorces were. Even if an attorney has been practicing law for 20 years, if they have never handled a divorce with child custody at issue, and you have children, you may not want to be that attorney’s first. Comfort And Trust After Experience After you’ve found an attorney with the right experience, you should ask yourself whether you feel comfortable divulging private information to them. In order for your attorney to be effective, you will need to be able to discuss personal matters without hesitation. While your sex life, generally, is not something that needs to be discussed, in some states, infidelity matters during divorce. Your attorney doesn’t need to be your friend (and probably shouldn’t be), but should be someone that you feel comfortable, and trust, with discussing potentially embarrassing information. Related Resources: Dealing with a divorce? Get your case reviewed for free now. (Consumer Injury - Family) Why Is There a Divorce Waiting Period? (FindLaw’s Law and Daily Life) What Is Ex Parte Divorce? (FindLaw’s Law and Daily Life) When to Get a Second Lawyer’s Opinion for Your Divorce (FindLaw’s Law and Daily Life)
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Top 10 Divorce Questions a Family Lawyer Can Answer

Going through a divorce is hard. And it's even harder to go through it alone without any legal help. There are many reasons why you'll want to hire an experienced family law attorney to help you with your divorce. One of them is an attorney's ability to accurately answer any and all questions you'll have about the divorce process generally, and your divorce specifically. Here are the top 10 divorce questions to ask a family lawyer: 10. How Long Will My Divorce Take? Although it occupies the 10 spot, this question may be one of the most important you have. Every divorce case is different, but you need to know what to expect and that your attorney has a good sense of how your case will go. A good family attorney should be able to provide a timeline of your divorce from initial filings to completion. This will also give your attorney a chance to give you a step-by-step overview of the divorce process in your state, as well as cue you into any deadlines or waiting periods. 9. What Is Your Experience With Divorce Cases? As part of demonstrating his or her familiarity with the process, your attorney should give you a rundown of their resume. Family lawyers might be experienced in various types of family disputes, without having many divorces under their belts. You should ask your attorney how many divorce cases he or she has handled, or what percentage of the firm's time is devoted to divorces. This gives your attorney a chance to discuss his or her legal experience -- hopefully in a way that inspires confidence. 8. What Can I Reasonably Expect From My Divorce? This is a broad question, but along with the timeline, you need to ask your attorney, if you hire him or her, what you can reasonably expect out of litigating or mediating your divorce. Your attorney should be able to paint you a range of likely outcomes based on your case, giving you a good basis for what to expect. 7. What Documents Will I Need for My Divorce? Depending on your shared assets and debts, you might need to provide quite a bit of documentation to back up your divorce filings. You may need to bring everything from pay stubs and tax returns to prenups and birth certificates to a consultation with a divorce attorney. And a good lawyer will be able to tell you how best to prepare for a divorce. So know what you'll need before you start you divorce. 6. How Will the Divorce Affect My Business? If you're an entrepreneur or small business owner, your first question might be how to protect your business assets during a divorce. Ask your attorney about which legal structure can best insulate your business from divorce proceedings and whether placing your business in a living trust could help protect it, and its assets, from your spouse. An attorney can also help you create an enforceable postnuptial agreement regarding the business (if you don't already have a prenup) and advise you on the effect of community property laws on small businesses. 5. How Will Our Property Be Separated? Who gets what in a divorce can become a major battle, and you'll want to know where you stand before the first shots are fired. But if not, you may need to divide everything from the furniture to the financial assets. There are two main factors to deciding property issues: (1) whether you live in a community property state or not, and (2) whether the property is separate or marital property. Your attorney should be able to tell you which marital property laws apply, and how those laws will apply in your case. 4. How Will Custody and Visitation Be Determined? More important than sorting out the kitchenware is sorting out the kids. ...
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Don’t Be a Victim in Your Divorce: 5 Empowering Legal Tips

Often in divorce, one ex-spouse can become shellshocked by the process. Paralyzed by fear over family and financial woes, these former partners can cast themselves in the roles of victims. Writing for ABC News, Laura Mattia of the Baron Financial Group believes that women often become financial victims during divorce because of the way they relate to their spouses during marriage. But divorcing spouses can empower themselves when it comes to financial and family situations, rather than taking a sideline in their own divorces. For both women and men, take note of these five empowering legal tips and avoid becoming a victim in your divorce: 1. Be Proactive About Finances. Be proactive about your finances from the start of your marriage through your divorce -- for example, by using a prenuptial agreement. One of the many benefits of a prenup is the ability to delineate who owns what in a marriage and afterward. Even if you're already married, a postnup can accomplish many of the same financial planning goals. 2. Pay Attention to Tax Returns. If you're going through a divorce, do not hand off the responsibility for filing your tax return to your soon-to-be-ex spouse. You should try to communicate with your partner about which tax options are the most beneficial for both of you (if necessary, through your attorneys or a mediator). Doing this will help you avoid being blindsided when you learn that your spouse claimed all your kids as his dependents. 3. Consider Your Long-Term Security. Mattia cautions against relying too heavily on alimony, as it may leave a divorcee financially dependent on her ex. Craft a divorce settlement that covers you and your family's long-term plans (even your kid's college tuition) and that doesn't leave you praying for a spousal support check every month. 4. Stay Smart on Social Media. Don't bad-mouth your ex on social media. Just don't. Not only will it give your former spouse fodder for trashing you in court, but it won't do much for your self esteem either. Instead, consider a social media clause in your prenup or postnup. 5. Hire an Attorney. You know what's the most empowering feeling? Knowing the law is on your side. And you'll only know that for sure with an experienced divorce attorney's help. You don't have to be a victim in your divorce. Use the law to rise above. Related Resources: 5 Things a Divorce Lawyer Can Do (That You Probably Can't) (FindLaw's Law and Daily Life) A 'Happy' Divorce? 7 Ways to Make It Less Stressful (FindLaw's Law and Daily Life) Facebook, Social Media Use Linked to Divorce Rates: Study (FindLaw's Law and Daily Life) Have a Happy, Healthy... Divorce? (FindLaw's Law and Daily Life)
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5 Questions to Ask When Hiring a Divorce Lawyer

You don't want to hire a divorce attorney without asking a few questions first. After all, depending on your issues, you may not even need a divorce attorney. Because divorce litigation can be expensive and exhausting, you'll want an advocate by your side who is worth every penny. With that in mind, consider asking your potential divorce attorney these five questions: 1. Can You Give Me a Timeline of My Divorce? You may end up seeking a divorce with your potential attorney, but you need to know that he or she has a good sense of how your case will go. Ask for a timeline of your divorce if you chose to pursue it. This will give your attorney a chance to give you a step-by-step overview of the divorce process in your state, as well as cue you into any deadlines or waiting periods. 2. What Is Your Experience With Divorce Cases? A family law attorney may be experienced in various types of family disputes, but not necessarily divorces. Be direct. It's not rude to ask your attorney how many divorce cases he or she has handled, or what percentage of the firm's time is devoted to divorces. This will give your attorney a chance to discuss his or her legal experience -- hopefully in a way that impresses you to hire him or her. 3. Are You Also Experienced in Child Custody/Visitation? If you have kids, child custody problems are likely to pop up as a result of your pending divorce. The same goes for visitation issues. You'll want an attorney who won't hand you off to other counsel once the divorce is wrapped up but your kids are still in the mix. Ask about your lawyer's experience in handling child custody and visitation cases -- especially with clients in situations similar to yours. 4. What Can I Reasonably Expect From My Divorce? You need to ask your attorney, if you hire him or her, what you can reasonably expect out of litigating or mediating your divorce. Your attorney should be able to paint you a range of likely outcomes based on your case, giving you a good basis for what to expect. 5. How Much Will My Divorce Cost? Your attorney should be able to provide a rough estimate, all told, of what your divorce may end up costing. This should include court fees, attorney's fees, and potential costs of mediation. Of course, each divorce case -- and each lawyer -- is different. To find one who's the best fit for you, browse our lawyer directory for divorce attorneys in your area. Related Resources: The FindLaw Guide to How to Hire a Divorce Attorney (FindLaw - Free Download) Hiring an Injury Lawyer? 5 Questions to Ask (FindLaw's Injured) 5 Questions to Ask During a DUI Consultation (FindLaw's Blotter) 5 Questions to Ask Your Estate Planning Lawyer (FindLaw's Law and Daily Life)
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