Archive for the 'Divorce Lawyers' Category

Legal Fees, necessary or not?

Monday, November 17th, 2008

Legal fees can be a necessary expense when contemplating divorce. However, how do you know if you are paying your lawyer too much and if they are doing what they claim to be doing for you?

Remember, every telephone call, letter, pleading (filing with the court), court appearance, research and even email is being charged to you. Divorce, custody and support cases can be very expensive for the parties involved. It is best if husband and wife can attempt to be civil and try to negotiate the details of division of property, custody, visitation, etc., before taking this to the lawyer.

Getting along, the best you can, will save both parties money in the long run. That is not to say a lawyer is necessary in all cases or that no one should get a lawyer, only you know if you need a lawyer or not. However, getting divorced is emotional enough without having money issues piled on top.

Trying to work together to end a marriage will be the easiest way to save money throughout the divorce. Hiring lawyers to “fight it out” will only cost you what little your “marital estate” may be worth. It is best if you both can negotiate rather than allowing the court to decide who should get what.

Shopping for a Divorce Lawyer?

Wednesday, October 22nd, 2008

When shopping around for a divorce lawyer, what qualities are most important to look for? This is often a highly charged question with surprisingly little answers. Word of mouth would seem like a good way to go; however, what one person feels is a great quality, another might not.

All local bar associations offer lawyer referral services. It is best to check with your local bar association to find a lawyer in your area and see if they have a free consultation. If so, you may find that you clique right away or would not even stand another minute in their presence. Sometimes you may have to meet with a few lawyers to find the right one for you. But remember, hiring a divorce lawyer that will work for you and not just for the money they make is the reward.

Find a lawyer who will listen to you as well as have suggestions; but one that does not over-power your comments. A lawyer who is too aggressive may also be that way in a courtroom and a judge may not care for that personality type. After all, you will have to live with the final outcome regarding your divorce Ad Vitam Aeternam (for all time). Be prepared and be diligent.

Appealing Your Divorce Settlement

Thursday, January 26th, 2006

It is not uncommon for one spouse to appeal a divorce settlement, but it is uncommon for a spouse to actually win or be granted the terms requested in the appeal.

Issues like child support and alimony are often amendable post divorce, but the actual division of the marital assets is typically not. There are certain circumstances that will potentially enable you to have the current decree thrown out and these circumstances are, but not limited to, signing under duress, blackmail, intoxicated at the time of signing, under the influence of mood altering mediations, etc. The bottom line is, an appeal can not be filed on the basis that you now feel as though what you originally agreed to was simply unfair.

Hiring a lawyer to appeal your settlement is not a bad choice if you feel strongly that you have a legitimate case. It is the responsibility of the lawyer to do his or her best job to prove your case. If your lawyer knows that you do not have a legitimate case to begin with, he or she should advise you of such, thus eliminated the costly time and attorney fees. If you feel as though your attorney is taking advantage of you, probably knowing all along that the case would be dismissed, I would consider contacting your local Bar Association to speak with the ethics committee.