Every divorce is unique, and few cases are as simple as they first appear to be. The circumstances surrounding a divorce play an important role in how the spouses come up with a settlement agreement that both parties can live with.
An experienced divorce attorney plays a valuable role in that process. He advises his client in numerous matters, including child custody, child support, spousal support, and the division of the couple’s marital assets. Along the way, a good lawyer will try to move the settlement negotiations forward in a constructive manner to minimize the likelihood of litigation.
Choosing a divorce lawyer can be a daunting and frustrating experience. You’ll need to take several factors into account to ensure you select an expert who is qualified to help you. Below, we’ll give you an easy-to-use checklist. When the time comes to hire an attorney, consider the following 5 points.
#1 – Family Law Experience
Most lawyers are capable of handling divorce cases, but that doesn’t mean they’ll be able to do so competently. Most professionals specialize in specific fields of laws. Some handle criminal cases while others focus on civil rights cases. Some specialize in securities law while others practice employment law.
It’s important to hire an attorney who devotes the majority of his time to practicing family law. That individual will have experience and expertise that will prove valuable when handling your divorce.
#2 – Approach And Style
Ideally, the expert you hire should use an approach that matches your own personality. If you’re filing an uncontested divorce, you’ll want someone who takes a collaborative approach. He’ll be more likely to work toward resolving issues between you and your future ex-spouse outside of the court system.
On the other hand, if you’re aggressive and intend to fight tooth and nail over the settlement details, it may be more appropriate to hire an attorney with a combative personality. But don’t be surprised if you find yourself spending thousands of dollars resolving matters in court.
#3 – Fees
Most couples seeking a divorce hope to minimize its cost. The best way to that is to avoid going to court. Settling differences privately is almost always cheaper than fighting over them in front of a judge.
Another factor is the hourly rate charged by an attorney. All things remaining the same, a higher rate will usually translate into a higher total cost. Having said that, the rate alone is a poor barometer.
For example, an attorney’s hourly rate is heavily influenced by his experience. A less-experienced lawyer will usually charge a lower rate than one who has spent years working on divorce cases. The problem is, a lack of experience can sometimes increase the cost of a divorce. The process of negotiating a reasonable settlement may take more time. Or the negotiations might spiral out of control, pushing the divorcing couple toward litigation.
#4 – Access
You want to be able to reach your lawyer whenever you have questions. Unfortunately, many attorneys keep their clients at arm’s length. It may take days for them to respond to phone messages and emails.
Keep in mind, your lawyer is likely to charge you for the time he spends answering your questions or discussing your case. That’s true even if doing so only takes a few minutes. But having the option to speak with him when something important comes up can be beneficial.
#5 – Support
Your attorney should have a capable staff who can handle tasks that do not need his personal attention. That way, he can focus on what he (or she) does best and deliver the best possible results for your case. It’s also worth noting that the time spent by his employees on tasks like copying and submitting documents should be billed at a lower rate. That ultimately lowers your costs.
A good support staff will allow your lawyer to be more organized and efficient. That will help to streamline your divorce and prevent avoidable problems from surfacing.
Selecting an experienced divorce attorney can have a huge impact on the outcome of your divorce. Given that the settlement agreement negotiated between you and your spouse will influence your future, invest the time to ask questions and do due diligence that help you to make the right choice.