Tips for Finding a Good Divorce Lawyer

by James Walsh.

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Marriage can make your life feel like heaven if the relationship turns out well and you and your partner are aware of all the responsibilities and obligations that go with it.

In a good marriage, you expand your mental horizons, grow spiritually, improve your personality and become better and more able human beings. The children get a safe and secure nest in which they can thrive and grow up into productive and useful members of the society.

On the other hand, some marriages may seem like hell as the relationship goes rapidly downhill. The partners do not see eye to eye on any issue and have incompatible personalities. The charm quickly wears off and it is not long before the spouses start looking for an escape route. In many relationships, there is an element of physical or emotional abuse involved. In some, a partner is caught having an extra-marital affair. These marriages are fit candidates for divorce and break-up.

Once you have decided to file for divorce, you have two options. If both of you wish to part company with as little fuss and expense as possible, you should choose a Do It Yourself (DIY) divorce. For this, it is essential for both of you to come to an agreement about critical issues such as division of assets and debts, child custody and maintenance rights. However, since these are emotionally charged issues, it is not easy to resolve them on your own. Many people take the help of professional mediators and counsellors for the purpose. If there still is no resolution, then there is no option but to contest the case in the court.

The most important thing in contested divorces is to hire an appropriate lawyer to represent you in the court and give you expert advice about how to move through the proceedings. It is essential that you make the right choice in the beginning of the case itself, as later it becomes very difficult to change lawyers. Indeed, you have to take the judge’s permission for it and if the case is in its terminal state, the permission is usually denied. Switching lawyers midway can also cost a lot of money and you may lose the retainer money that you paid to the lawyer initially to start work on the case.

Zeroing in on a good lawyer before the case has even begun is thus of paramount importance. Another thing you have to keep in mind is that all your understanding and agreement with the lawyer have to be put in a proper written contract. Mere verbal reassurances are absolutely worthless and cannot be used in case of any dispute with your lawyer later.

When you start your hunt for a divorce lawyer, it is better to ask around for references from your friends, office colleagues, neighbours and relatives. This is a very good way of choosing a lawyer since the latter would have tried and tested him or her before and can give you a genuine idea about the capabilities and attitude of the solicitor. If this doesn’t work out, you can go through the local Yellow Pages or browse online for some websites of lawyers.

As a rule, always go for a lawyer who has made a career out of divorce cases. Do not take your case to a general, jack-of-all-trade legal professional. Specialisation can beat general knowledge any day in effectiveness. With a specialised divorce lawyer, you stand a better chance to succeed.

Another very important thing you have to keep in mind is experience. Avoid rookie lawyers if you think your case to be important enough. Knowledge of the subject is crucial but nothing can beat the special insights gained from long experience and tackling hundreds of cases.

Once you have shortlisted some lawyers in your area, you can actually go to a courthouse and sit through the proceedings to see them in action in front of the judge. This will allow you to get an idea of the capabilities and presentation style of the lawyer. Once you have seen four or five lawyers in action, you can choose the one you find the most persuasive. However, do check out the fee of your favourite solicitor first and how will you be billed throughout the case. Ask if the lawyer would be requiring any retainer money upfront and whether it would be refundable if you go to another solicitor midway.

Finally, choose a lawyer with whom you like interacting and can establish a good relationship. If you manage to strike a rapport with the solicitor and like his or her talking style and attitude to work, you should sign up immediately if you have no objection about the terms of the agreement. A good lawyer can be the difference between your winning or losing your divorce case. This is a decision that has to be taken with utmost caution and after due research.

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