Thursday, August 15, 2013

Divorce – Team Up With Your Attorney


Although divorce attorneys have acquired a lot of negative publicity, the fact remains there are many great divorce attorneys who are prepared to represent you in good faith.  

Theirs is a profession just like any other and it’s their livelihood, of course there are charges for the service they offer. Like physicians they have a high overhead and must pay the monthly bills. Divorce isn't a free commodity!

Do your homework find a list of attorneys who have a good divorce track record, select one from that list and set up a preliminary consultation.  Normally there isn’t any charge to this first meeting – so go prepared with questions that need answered. Ask what the hourly charges are, how much if any deposit required and set up a feasible schedule limiting office visits, telephone calls etc. 

Take control of the attorney/client relationship – it’s not fun to be blindsided with unnecessary attorney fees. Your attorney will be the first one to emphasize the importance of working together as a team – even a good attorney can’t go it alone so be prepared to participate in the partnership.

Difficulties that arise due to a divorce litigants false expectations include; (1) Because you’ve been a good parent and good provider you expect a favorable decision by the judge, (2) Because you have been the main breadwinner, you feel that most of or a large portion of the marital assets should be yours, (3) You expect the attorney to win your case regardless of family law or the many errors you’ve made during the marriage, (4) You decide in your mind what is morally correct and expect a favorable decision from the judge based on your moral perception.

False expectations immediately create a tension between attorney and client.  The attorney needs all information regarding marital assets, child care, participation with child or children, financial obligations, pre nuptial contract if any, retirement funds or savings etc. Give the attorney all information concerning the marital relationship. Paint a detailed picture of the marriage including all documents showing paid receipts, time, date and resolution.

Don’t misrepresent or lie to your attorney - lies can be the reason for an unfavorable decision from the divorce judge.  Team work equates to this – you give your attorneys the tools that he or she needs to build a winning case in court.  An attorney needs proof, not a bunch of “he said, she said,” gibberish.

As Always,

Little Tboca

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