Divorce lawyers provide legal advice about child custody, visitation, property division and alimony. They can also help protect your safety by directing you to law enforcement for physical protection. Some attorneys offer collaborative practice, which helps both parties set aside emotions and settle the case quickly.
Some divorce attorneys also offer limited scope representation, which costs less than full-scope representation. This option may help you avoid technical problems with your settlement agreement.
Experience
A reputable divorce lawyer should be experienced in handling all aspects of the legal process. They should have extensive knowledge of divorce law and the laws pertaining to issues like property division, custody, child support and spousal support.
Your attorney should also be skilled at handling high-conflict cases. Spouses can become irrational during the divorce process, leading to negative conduct and attacks on each other’s reputations. An experienced NYC divorce lawyer can help to manage these situations and protect their clients’ good name.
An experienced attorney will have a firm understanding of how to handle these issues through mediation, settlement or trial. They should also have experience with reviewing and drafting settlement agreements to ensure they are fair and legally adequate. They should be able to offer alternatives for cost-saving measures and provide transparency with their billing practices. This will help their clients budget for costs associated with the legal proceedings. They should also be able to explain their fee structure in detail during an initial legal consultation.
Reputation
A highly competent attorney will build a reputation for resolving divorce matters through settlement negotiations or mediation sessions. They will know that the longer the case drags on, the more expensive it becomes for both parties.
They will also know the judges in your jurisdiction and how they have ruled on specific issues. This is important because a judge’s interpretation of the law can impact the outcome of your case.
How a lawyer describes themselves may also be telling. For example, an attorney who identifies herself as a “divorce lawyer” may embrace the edgy, tough bulldog image that the term invokes for most people.
It is important to hire an attorney who will represent only you and will not work for your spouse. This is because the rules of professional conduct forbid attorneys from representing two people with conflicting interests. Ask the potential divorce lawyer how they would approach your case. The answer will help you determine if they are the right fit for your case and personality.
Communication
A divorce can be one of the most emotional, stressful and fraught experiences in a person’s life. It also impacts all aspects of a couple’s lives, including finances, parenting and relationships. Choosing the right attorney can make the difference between a smooth process and a drawn-out legal battle.
Clear communication is key during a divorce case. A good divorce lawyer will keep you apprised of the latest developments and understand your desires, priorities and goals in order to advocate effectively on your behalf.
An effective divorce lawyer should also be able to communicate well with the opposing party’s counsel and be an effective negotiator. Some attorneys also offer collaborative options to divorce clients, which eliminates the need for court proceedings and can save both parties time and money. This type of option requires a good working relationship between the two attorneys and is not suitable for all situations. For that reason, it is important to interview several divorce lawyers and ask about their experience in negotiating a settlement with opposing counsel.
Fees
The amount of money you pay to your divorce lawyer depends on how much complexity your case has and whether you and your spouse can agree on major issues like child custody, support, alimony, and property division. Our survey found that people who hired divorce lawyers and had contested issues paid on average $11,300 for attorneys’ fees alone.
Most divorce attorneys charge either a flat fee or an hourly rate. Flat fees are typically better suited for more straightforward divorce cases with fixed schedules, while hourly rates are best for contested divorces where the attorney can’t predict how many hours it will take to resolve the case.
Other expenses may include filing fees, photocopies, notary fees, transportation costs, and service fees for telling your spouse about the case (also known as “serving”). Some courts and non-profit organizations offer free or steeply discounted legal aid programs for people who cannot afford the cost of a divorce.Scheidungsanwalt
