Divorce is not only an emotional and sensitive issue; it is also a complex area of the law. The decisions you make today can result in outcomes that have lifelong emotional and financial consequences. Therefore, it is important to pick the right attorney to guide you through this difficult time in your life. Your attorney will work with you to evaluate the facts of your particular situation and the legal issues involved. He or she will then be able to advise you about your rights and obligations. The attorney you choose to represent you should have the experience and resources available to address and resolve the needs and concerns of you and your family.
It is important to hire an attorney who has experience handling issues similar to your issues. If you anticipate complicated financial valuation issues or if your case involves closely-held businesses, partnerships, pensions, stocks, deferred compensation plans, or substantial property, the attorney you hire should have experience handling the issues and laws that pertain to your unique financial situation. It is also helpful if the attorney has professional relationships with financial experts such as accountants and appraisers. In addition, if you have complex financial issues, consider an attorney with a more sophisticated practice – an attorney affiliated with a firm that has diverse resources such as a corporate, real estate, tax, and/or trust/estates department. Choosing an attorney with such diverse resources will save time and money should complicated financial questions surface during your proceeding.
Similarly, if you anticipate a contested custody dispute, consider an attorney with vast courtroom/trial experience. Be sure that the attorney is sensitive to your needs and choose someone who will remain committed to the best interest of your child. It is also helpful to choose an attorney who is familiar with the judges in your county and their rulings so that he or she can anticipate potential issues and devise the best possible arguments.
Most importantly, choose an attorney you can trust and who makes you feel comfortable. Begin your search by obtaining referrals from friends and family members, or call the local bar association for references. It is wise to meet with several attorneys before making a final decision to understand how different lawyers work and how each individual would approach your case. You may be able to ascertain important information by researching law firm websites and by reviewing biographical information on the attorney’s specialization or expertise. Prior to your interview, research the firm with whom the attorney is associated. Is the firm reputable? Does the attorney devote 100% of his/her practice to family law? Is the attorney known in the community for his/her expertise in family law? Will the attorney with whom you meet actually be the attorney who handles your case? How will your matter be billed? What expenses will be charged to you? How much is a retainer, and will it be refunded to you if not depleted?
Gather your financial documents such as tax returns, W-2 and K-1 forms, pay stubs, and current bank, brokerage, and retirement account statements. Take these documents with you to your consultation. Make a list of your assets and liabilities so you can give the attorney a clear picture of your financial situation. The more information you can provide the attorney at the initial consultation, the better advice he or she will be able to give you. Additionally, if you already have been served with legal papers, take them to the interview along with any correspondence or other relevant documents. This will allow the attorney to assess the potential issues in your case. Take a list of questions with you for the attorney.
Above all, you and your attorney should be able to communicate effectively. The attorney you choose should be respectful, professional, and treat you as an equal partner. Divorce can be an emotional process and you may need to reveal highly personal and emotional information to your attorney. Since your attorney is not a therapist, choose an attorney who is willing to spend the necessary time with you to answer your legal questions, but be honest with you to direct you to other professionals if necessary. You and your attorney are a team, and only a team effort will produce the desired result.
Your attorney is your advocate. You are retaining an attorney to advise you, negotiate for you and, if necessary, represent you in court. Therefore, it is important that you select your attorney carefully. You should have confidence in her or his ability to manage your divorce effectively and efficiently.
The content of this website is provided for informational purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
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