Are you in the middle of a divorce? Do you feel like it’s time that you move on? Whatever reason you have for wanting a divorce lawyer, it can be justified.
However, doing so can often be quite difficult. In premise, a divorce lawyer should be reserved for the legal process and/or extreme cases of discourse in a relationship.
In this article, we will elaborate and hopefully help you decide if you need a lawyer.
So if you want to get this over with, keep reading to learn more.
You Might Need a Divorce Lawyer in These Cases
When it comes to hiring a divorce lawyer, there are some certain scenarios which prove to be of more pertinent importance. You should probably hire a lawyer if:
- Your spouse has a lawyer
- Your divorce involves complex finances/property and/or children
- You believe your spouse is lying or vindictive
- There are severe concerns about abuse
If you are not financially competent to hire a lawyer, you can contact your legal aid office or bar association from your locale. You will be able to either get free legal representation or at a reduced cost.
If you don’t qualify, you will still be able to ask for legal help from a lawyer during the proceedings in court.
If you are in a situation of domestic violence, you should speak to a lawyer and get to safety as soon as possible. Anyone in this type of situation during a divorce should never avoid legal help.
If you fear abuse, think that your spouse might harm your children or yourself, as well as take away property, you must request a temporary restraining order and take care of your children and self.
If you do so without a restraining order, your spouse can legally accuse you of kidnapping. That is not something you want to happen.
If you need money to find safety, you can make use of joint accounts without issue. But be careful, don’t take more than you need, and try to leave at least half of the balance in the account. File a court action for spousal support as soon as you can.
If looking for a lawyer, simply type in “divorce lawyer near me” in your search engine of choice.
A Divorce Lawyer Is the Solution
Based on the merits of divorce, it’s bound to cause some intense feelings. If you choose to hire a lawyer, you must hire the right one and take your time.
Do you need an attorney to fight your spouse in court? Or do you need a lawyer who will help agree with your spouse? Each situation requires a special approach.
Ensure that you ask the lawyer informative questions during your interstitial consultations.
For instance, you can ask your lawyer if they support attempting to seek settlement beyond the court. Or you can ask them about their experience with combatting the minor issues in front of the court of law. Or how about their preferences in terms of divorce cases.
Be as comprehensive as you can. Lawyers make money for being advocates of the client’s interest, so ensure that your interests are clear from the beginning. Many options are alternative to hiring a lawyer, such as mediation, collaborative divorce, and limited scope representation.
A mediator is experienced in getting each side to focus on the facts of making this a successful divorce. Unlike an attorney, a mediator works with both spouses equally, which can remove communication delay substantially.
They also have the benefit of not advocating for either of the sides. Due to this, a mediator can help reach a pleasant settlement in a divorce significantly faster then an attorney would.
Some people bring lawyers to mediation, and they can help represent you in this case. A combination of this type can be the most plausible approach to divorce consideration. Find a divorce lawyer for this without a hassle by looking at their track record.
A collaborative divorce involves an agreement among the attorneys and spouses to avoid litigation and concentrate on the settlement. Collaborative lawyers will only choose to represent when the other party has agreed to or hired a collaborative lawyer as well.
When each spouse has hired their divorce attorney, an agreement is signed that if the settlement is not achieved, wherein the divorce is litigated, the spouses must find new lawyers.
This decision negates the financial incentives to push or prolong discussions into litigation, thus speeding up the settlement.
Even in uncontested divorces, it’s a great idea for each party to have an attorney look over the agreements to check for legal inconsistencies. Most people don’t realize that you can hire attorneys to address very specific concerns in a divorce.
- Filing the divorce
- Drafting an acceptable agreement
- Attending mediation
- Reviewing documentation
- Attending hearings if you have children
- Advising on fair terms
When you hire an attorney to help with specific factors of a divorce, it is called limited-scope representation. A lawyer who provides selective services will charge a flat fee, which is cost-effective compared to full-scope representation.
But keep in mind that each spouse must hire a separate lawyer as the law doesn’t allow lawyers to represent conflicting interests. You will benefit from having a lawyer who can represent you and your interests.
Divorce lawyers often provide mediation services, which means that they might assist you and your spouse neutrally, but they will not be able to represent either one of you if the divorce goes to ligation. However, some states have exceptions.
Divorce Done Right
Now that you know when you need to hire a divorce lawyer, you are well on your way to ensure that you avoid unnecessary bouts of being with an attorney. As long as you know when to pull the string, you will ensure the best possible legal protection for that period of time.
If you’re interested in learning more about similar topics, feel free to check out our recommended articles below or to the side.