How To Chose The Right Divorce Lawyer

The choice of which attorney to hire for your divorce is overwhelming. The sheer number of divorce lawyers in the phone book makes your head spin. You have heard the horror stories from your friends about how horrid and expensive their divorce was and you want to avoid that pain but which way should you turn? This is a very natural response to what you have heard and seen. You have enough sense to know divorce lawyers are not your friends so you need to chose carefully. Your future and that of your children depend on how you proceed.

How To Chose The Right Divorce Lawyer
How To Chose The Right Divorce Lawyer

Having been a divorce lawyer since 1996 I will tell you the dirty inside secrets and warn you what to look out for. In California and maybe in your own state, divorce lawyers are the ONLY kind of lawyers whose fees are protected, by law, by the equity in their client’s home. It is important to know how divorce lawyers in your state are paid and find that out before you begin. Do they have the right to run up huge bills and then slap a lien on your home and force a sale at the end of the case? Over the years I have seen many, many lawyers do everything in their power to keep the case going so they could run up a bill because they knew they were going to get paid. People who advertise themselves as being “aggressive” are playing to your worst instincts. Doesn’t everyone want the MOST they can get in their settlement? If so, keep away from aggressive lawyers because by the time they are done, there will be little to divide.

Child custody and visitation issues bring out the fighting tiger in a lot of people because they are so angry at their ex it is hard for them to see how much their children need BOTH parents in their lives. It is the rare case where it would be in the child’s best interest to have limits on parental contact. Your focus during your divorce as well as your life, needs to be on what is best for the kids. Divorce lawyers who manipulate emotionally vulnerable clients by encouraging them to fight over the children are not doing them any favors. Depending on the age of the children you may have a very long co-parenting relationship ahead of you. Do you really need to start World War III with the father or mother of your child? A more child focused attorney will understand the need to create a peaceful relationship with your ex and not engage in a scorched earth policy.

The battle over property division can be the one that makes the least sense. How often do people spend more money on the fight than what the stuff is worth? People will get more if they cooperate with each other. This may seem counter intuitive to you but it is true. Think of it as dividing a pie. Which way will you get more, if you cut it in half between the two spouses or if you cut it in 4ths so that each spouse and their lawyer gets a share. It seems obvious that the fewer hands in the pie there more there is to divide.

So what is the solution? How can you find the right lawyer who has the intention to serve you rather than themselves? I am going to start by making some statements and then I am going to ask you an important question. It is a fact that our legal system is adversarial. That means there is a fight with winners and losers. The divorce process is so complicated most people just don’t want to deal with it on their own. So here is the most important question, does it make sense to avoid the adversarial system for your divorce? If keeping out of court and saving money on legal fees while protecting your assets and co-parenting relationship sounds good to you, then you really ought to explore mediation.

So let’s assume you want to proceed with mediation. You want to make sure the mediator you use has a great track record. The most important thing you want to know is how many couples have they worked with and what percentage settled. Once you find that out you can compare price, length of time it takes and other factors like personality and sex of the mediator before you make up your mind. The important thing is to have all the information you need to make an informed decision. Remember you only get one chance to have a “good divorce” so don’t go down the wrong road because you won’t like the destination.

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What You Should Know About Family Law

When issues arise within the family unit or domestic relationships get out of hand, family law is the branch of judicial problem solving that deals with a wide range of family-related issues. Throughout the United States, it is the family courts that often handle the heaviest caseload, as many jurisdictions tackle concerns that deal with gaining custody of a child to dealing with the proper procedure of finalizing a divorce.

What You Should Know About Family Law

Within the system, family law cases extend to the wealthiest of local residents to the poorest of single-parent families. No social or economic class has been spared the family court system when any area of family law is involved. Below are some of the many different areas of regulation attached to family law:

When two people wish to get married, they have to go through family law to get the proper approval needed to continue their wedding plans. The same goes for civil unions and domestic partnerships. A civil union provides same-sex couples the rights, benefits, and responsibilities much like the parameters associated with married opposite-sex couples. Domestic partnerships recognizes relationships between two people who live together in a domestic setting that have chosen not to enter traditional marriage, common-law marriage, or a civil union.

Family law then deals with the legal issues that arise during marriage. They will step in when married couples inflict harm upon one another. They will oversee adoption processes and settle surrogacy issues. When a parent abducts his or her own child, family law will be called upon to hear out the case. Child abuse is also an important branch of the law that falls under the most pressing family-related concerns.

When the relationship between two people has soured and the termination of their union has arrived, family law will deal with the matters concerning divorce and annulments. They will see that property settlements and alimony payments are arranged. In the United States, the responsibilities of the parents are dealt with under family law, such as custody hearings, visitation rights, and child support awards.

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