If you and your spouse have decided to separate and you want a divorce, it’s imperative that you find the right Divorce Attorney for your case. You can’t just hire anyone to argue your case, because your attorney will have a say in the kind of argument they bring – if they win, and if they lose. So it is important that you find an attorney that is experienced in the Divorce Process so that they can help you achieve your goals. One way to do this is to request a free consultation with them. Here are some questions you should ask any attorney that you may be considering.
How many cases have they been involved in? This is important, because the more cases they have the more likely they will be able to represent you in your Divorce. They should also be able to offer you a free consultation where you get to tell them all about your situation and how the divorce process should go. If they are unwilling or unable to answer your questions, move on to another attorney. If an attorney is unwilling to answer this question, move on to someone else.
What are the differences in the laws for each state in the Divorce Process? There are a number of laws regarding the Divorce Process, including what needs to be filed with the court, the notices the spouses need to send out, the procedure in which alimony is to be paid, child custody and child support, and the kind of property that are to be divided. It is vital that you are made aware of these differences, because they could greatly effect the outcome of the divorce process. An attorney who is knowledgeable about the laws of the state in which your case will be filed will be in the best position to inform you about your rights, your obligations, the processes and procedures of the Divorce Process in your state, and the best way for you to achieve an equitable distribution of the marital assets.
Can my spouse afford to pay me for my services? It is very important that you ask yourself this question, if you feel your spouse is reluctant or refuses to pay you for your services. A typical spouse may have hundreds of thousands of dollars stashed away in a savings account. Another spouse might have a much smaller savings account and pay their ex a mere percentage of one-time income, such as a part-time job. Either spouse can easily convince their spouse that they don’t have the funds to pay you.
Is a Deed in Lieu a valid Will? When drafting your Will, you must understand that the document itself is not a legal binding contract between you and your spouse. It merely gives your intentions for distributing your marital property after the Divorce, and the courts are not required to honor or enforce any portions of the Will. Your attorney can help you draft a Will that takes into account the unique properties and debts you jointly own, while considering other reasonable alternatives to an unequal distribution of your marital home and other assets.
Will our attorneys truly protect our interests? As your spouse will most likely already be aware, divorce and custody can be a highly sensitive issue for you and your children. You will want to choose an attorney who is well-respected and experienced in family law matters. Your attorney should be willing to explain your rights and your obligations to the Court. If your attorney is unwilling to do so, you might want to consider another lawyer.