10 Easy Steps:
If you are still in the midst of separation or divorce this, no doubt, is a very stressful time. And, if you are already divorced and had to go back to court again (such as I did) the strains may be even greater. Below are a few vital guidelines that may help you maintain your budget and sanity
1. DO YOUR HOMEWORK: Attorney fees, research fees, paralegal fees all add up – so go online first and do your homework. Take notes and write questions. Each state has it’s own Family Law Jurisdictions, and at $ 100 – $300 plus, an hour (depending on your attorney’s fees) it’s better to really use your attorney as an expert. You shouldn’t ask him/her what this or that term is when you can read about it online. You are employing an attorney for their expertise in strategy and how they will represent you and your children.
2. REPUTATION Ask around. With an estimated 1/2 the marriages in the U.S. ending in divorce, you can be sure you or someone you know — has gone through divorce proceedings. Get their names and start your research.
3. CHOOSE WISELY: Seek an attorney who specializes in family law, divorce, and child custody. (He/she should be certified by your state’s bar association.) Compare at least 3 attorneys to get a sense of who’s out there.
4. EXPERIENCE: It’s best to choose an attorney with at least five years experience in family law and divorce from your community so they know the local court system, judges and other attorneys they might be up against.
5. DIVERSE: Choose an attorney that has either litigation and settlement experience—or at least a law firm with two attorneys, one having the litigation experience and one having the settlement negotiation skills. Is their strategy to negotiate a settlement outside of court? Are they willing (and able) to go to trial if needed?
6. SPECIAL CIRCUMSTANCES: If there are special circumstances in your case, bring these conditions up to the attorney right away. Some child custody cases involve domestic violence or alcohol or drug abuse. Sometimes one spouse is psychologically ill—the child custody attorney will need this information, and the petitioner must be sure the attorney has experience in dealing with these types of extraneous circumstances prior to retaining that attorney.
7. PRICE CHECK: Does the firm/ attorney charge reasonable, standard hourly rates? The office should not charge you to ask how much does Mrs. X charge per hour. And, how much are your paralegal fees? How much is their retainer fee? Take note: the cheapest firm may not be the most affordable. Each moment you talk to your lawyer, whether it’s on the phone or in the office is considered a billable minute. So, effective and competitively priced is a good benchmark.
8. CONSULTATION FEES: Most child custody attorneys charge a consult fee to initially discuss your case. During your first consultation, don’t make it a social visit. Ask serious questions. Again, time is money and every question costs you, so don’t waste your precious time and money talking about the weather, or your emotions. This is an attorney, not a therapist.
9. PRE GAME for the consult: Prepare a list of questions. Some questions should be about the attorney (such as track records re: settlement vs. going to trial? How long have they practiced in this community? etc.) The rest of the questions should be about your particular case.
10. HASH OUT WHAT YOU CAN: Hard as it may be, if practical, you and your EX should come to as many agreements as possible. This will save you both a lot of money. While in front of attorneys, refrain from bickering and going off the subject. The attorneys are just racking up the dollars as you both don’t get along. Every moment spent in this manner takes funds away from your children.
REMEMBER:
Each state has their own laws. Search your state online to learn your legal specifics: The NATIONAL CENTER FOR STATE COURTS lists each state court alphabetically with references to various branches.
National Center For State Courts
Divorce can change your life for the better, or for the worse. If you received ill-prepared legal representation, it could literally cost both financially and emotionally for years to come!
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