Legal Advice For Divorce - The Need For an Attorney
As I was going through my divorce, I how important sound legal advice for divorce was because of how much strategy came into play.
It reminded me of a chess game.
Once the decision is made that divorce is inevitable, the game is on and you need someone experienced in the rules of the game.
Let me share some reflections ofa number of my clients, which indicate a need for careful selection of a good attorney and good legal advice for divorce.
"I wish I had had an advocate that [explained that] sometimes an inexpensive divorce attorney can make for a very expensive divorce; I would have liked to better understand my options.
" "I wish that I would have gotten the best lawyer...
" "As far as the legal process was concerned, I went the cheapest way possible since I was paying for it myself.
The law firm I used seemed helpful at first, but once they started on the paperwork, it seemed like pulling teeth to get someone to talk to me.
I read through the settlement agreement and found a lot of things wrong with it and had a hard time getting it corrected.
" When you are faced with an impending divorce, it is important to try to think clearly about two things - 1) what do I want to win from this divorce, and 2) where do I find the right attorney.
Often, your answer to the first question helps define how you go about the second, as it will color how you ask others for referrals and the personal style of the attorney you seek.
Finding and using an attorney is a key decision.
I strongly recommend getting sound legal counsel for your divorce.
Although the concept of a do-it-yourself divorce is appealing, I would emphasize that what you get on the cheap up front may really cost you in the longer run.
The civil procedure that governs divorce varies from state to state.
It is clearly defined by each state law, and that law is subject to change as new laws are enacted.
In addition, the previous decisions of similar court cases result in a body of "case law'" or in other words, cases that show how the laws have been applied to real cases, state by state.
Case law is used heavily in preparing arguments for points of contention.
Many elements in the legal process are very time sensitive.
For example, once a complaint has been filed, initiating the divorce, the other party to the divorce has a specific number of days to respond to that complaint.
The response must be filed in the court by that deadline or there are consequences that affect the responding party.
A good attorney will be familiar with the laws of the state you are in.
In addition, using an experienced attorney gives you the added benefit of his or her familiarity with the other attorneys in the area, how they approach cases and how cooperative or non-cooperative they may be.
They also may be familiar with the personal style of the judge that your case is assigned to.
Not all attorneys are the same.
I recommend carefully selecting and interviewing several candidates for the attorney you choose to use.
Be aware that there are many things you CAN do yourself that will save you a ton on your legal fees - refer to chapter 7, in my new book, Coming Apart Without Falling Apart - The Layman's Guide to Divorce, available online through my website.
It reminded me of a chess game.
Once the decision is made that divorce is inevitable, the game is on and you need someone experienced in the rules of the game.
Let me share some reflections ofa number of my clients, which indicate a need for careful selection of a good attorney and good legal advice for divorce.
"I wish I had had an advocate that [explained that] sometimes an inexpensive divorce attorney can make for a very expensive divorce; I would have liked to better understand my options.
" "I wish that I would have gotten the best lawyer...
" "As far as the legal process was concerned, I went the cheapest way possible since I was paying for it myself.
The law firm I used seemed helpful at first, but once they started on the paperwork, it seemed like pulling teeth to get someone to talk to me.
I read through the settlement agreement and found a lot of things wrong with it and had a hard time getting it corrected.
" When you are faced with an impending divorce, it is important to try to think clearly about two things - 1) what do I want to win from this divorce, and 2) where do I find the right attorney.
Often, your answer to the first question helps define how you go about the second, as it will color how you ask others for referrals and the personal style of the attorney you seek.
Finding and using an attorney is a key decision.
I strongly recommend getting sound legal counsel for your divorce.
Although the concept of a do-it-yourself divorce is appealing, I would emphasize that what you get on the cheap up front may really cost you in the longer run.
The civil procedure that governs divorce varies from state to state.
It is clearly defined by each state law, and that law is subject to change as new laws are enacted.
In addition, the previous decisions of similar court cases result in a body of "case law'" or in other words, cases that show how the laws have been applied to real cases, state by state.
Case law is used heavily in preparing arguments for points of contention.
Many elements in the legal process are very time sensitive.
For example, once a complaint has been filed, initiating the divorce, the other party to the divorce has a specific number of days to respond to that complaint.
The response must be filed in the court by that deadline or there are consequences that affect the responding party.
A good attorney will be familiar with the laws of the state you are in.
In addition, using an experienced attorney gives you the added benefit of his or her familiarity with the other attorneys in the area, how they approach cases and how cooperative or non-cooperative they may be.
They also may be familiar with the personal style of the judge that your case is assigned to.
Not all attorneys are the same.
I recommend carefully selecting and interviewing several candidates for the attorney you choose to use.
Be aware that there are many things you CAN do yourself that will save you a ton on your legal fees - refer to chapter 7, in my new book, Coming Apart Without Falling Apart - The Layman's Guide to Divorce, available online through my website.
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