People rarely ever wake up one morning and decide they will go out and have a consultation with a divorce attorney. After all, divorce is not something that people plan to experience. However, if a divorce is a reality in your life, then perhaps the most important decision to be made is what attorney will handle your divorce.
Is an Attorney Needed?
People frequently say that they don't need an attorney to handle their divorce. While there are a few very limited situations where proceeding without an attorney, or pro se, may be acceptable, if a divorce is contested parties need to consider hiring an attorney or divorce lawyer. While having an attorney is not required, the procedures, requirements and rules of court are unforgiving and can simply be overwhelming to learn as you go. The simple solution is that if a divorce is contested give serious consideration to hiring an attorney.
Selecting Potential Attorneys
The first step in hiring an attorney is to identify potential candidates. The best method to go about this is to ask around. Talk to friends who have gone through a divorce. If you know any attorneys, ask them who locally has a reputation as an effective divorce attorney. Check online resources that provide attorney ratings. Look for attorneys who are members of the American Academy of Matrimonial Lawyers. The most important concept to remember here is to select an attorney who has, as a focus of their practice, a concentration on family law. Ultimately select several divorce attorneys and schedule meetings with them.
Meeting with Potential Attorneys
Once you have selected and set appointments, prepare yourself. Gather information for your first meeting. Assemble financial information on assets and debts. Come with facts, figures and documentation where possible. Have information about your relationship with your spouse and your children. Be prepared to answer difficult and sometimes personal questions. Come prepared to talk about your goals and be prepared to learn how realistic they are. Be prepared to ask about the domestic law in your state.
Be prepared to pay for this meeting. It is not unusual to pay a consultation fee to the attorney. However, make sure that you are able to meet with the actual attorney who will be handling your case. If you are going to retain or hire him, you should have access to him. While attorneys make use of associates or paralegals, you should be able to reach the attorney and speak to him about your case.
Most importantly listen to what your attorney feels is reasonable and can be expected with your case. Ask questions and expect answers. Discuss the fee with the attorney so as to understand what the divorce will cost and what retainer fee will be required.
Hiring a Divorce Attorney
Once you have met with all of the attorneys on your list, take some time and review the meetings. It is important that you select the person who not only are you comfortable with, but one that has given you realistic goals. If you meet with one attorney who is vastly different from the other in the counsel offered, be careful. Be mindful of the fee arrangement and retainer fee required. Remember, your attorney works for you, but you must be able to work with your attorney.
Sean Keefer - I am an attorney and a writer living in the Charleston, South Carolina area. I write about current events, legal issues, photography, ...
