In this day and age divorce is becoming a common occurrence for many couples. Regardless the reasons what caused this split, there are many other complicated factors and traumas besides the emotional ties. Theres the matter of property, cars, belongings, and in some cases children.
During this hard time you may require the assistance of a professional in order to properly split assets and handle any legal issues that may arise. In these situations it’s best to have a common mediator who is familiar and sensitive to these situations.
When a couple makes the decision to divorce and is seeking legal representation, the couple cannot share the same lawyer. This is true for many reasons, but mainly due to the many ethical rules that a lawyer must abide by in the law practice.
Joint representation may be allowed in circumstances when the spouses are able to agree on all major issues in the divorce or if the spouses are confident that they are able to resolve any minor issues they have together. If the spouses have agreed to the joint representation in writing and just want a lawyer to draw up necessary paperwork then it is also acceptable.
On few occasions joint representation has been known to work in the beginning of a divorce, but later on has developed issues that the spouses disagree on. When this occurs the lawyer representing both spouses must transfer one of the clients to another lawyer to separate them. Although if the lawyer who began representing them learned something during their time together that would make it inappropriate or unfair for him to remain on the case then the lawyer must transfer both of them to new representation.
This is a new and quickly growing trend in divorce proceedings and in divorce lawyers. It entails that the spouses and attorneys have agreed not to go to litigation for the divorce and will try different methods in order to settle. Technically a collaborative practice lawyer will only agree to represent a client when the other spouse either already has hired or has agreed to hire a collaborative lawyer.
When both spouses have their representation an agreement must be signed that states if a settlement cannot be reached and the divorce is leaning towards litigation, both spouses must seek new legal representation. This agreement will negate any financial incentives for lawyers to draw out conversations or push for litigation. Basically, it expedites settlement.
Sometimes a couple is able to work through their issues during divorce enough to not require a lawyer. Many people believe hiring a divorce lawyer can result in a messy divorce, but if things begin to change and you feel as though you are being unfairly represented by your spouse or if the negotiations are resulting in fights or you both are unable to find a common ground, then you may want to hire a divorce lawyer. There are also certain unique situations which may also be a good enough reason to hire legal council.
Problems of Abuse
In some cases and in certain situations it may be necessary to hire a divorce lawyer. Situations such as spousal or child abuse should definitely be handled by a divorce lawyer as they can help you obtain the protection and safety you require during the divorce proceedings and process.
Suspicions of Lies
Another possible situation which should require you to seek legal council would be if you have suspicions that your spouse is either lying about certain issues within the divorce or if you feel as though they are being vindictive towards you. A divorce lawyer in this regard can help you cope with the situation as well as protect your interests and assets.
Your Spouse Has Turned To Legal Council
If your spouse has already hired a divorce lawyer than it may be in your best interest to find one as well to represent you. If your divorce case involves financial issues or children then it’s in your best interest to find a notable divorce lawyer to help you through this emotional time. The last thing you want to be in this situation is representing yourself alone against a seasoned divorce lawyer.
If you are unable to afford a divorce lawyer but require one you may also contact your local legal aid office or local bar association to see if they are able to help you. You may qualify for either free or reduced costs legal representation. If you do not qualify then you may inquire about asking any legal questions throughout your divorce proceeding.
When you contact the office you can ask for a list of divorce lawyers who may be willing to work at a reduced rate or on a pro bono basis.
When it comes to divorce lawyers it’s hard to directly pinpoint their fees, however there are two different factors which can have an effect their prices.
Uncontested Case Fees
An uncontested divorce is a court proceeding where the spouses have mutually decided on a divorce and have agreed on any and all issues involved. Issues such as support, property, and in some cases child custody. The divorce fees usually charged by a lawyer for this case can vary from $800 and range up to $1600.
Contested Case Fees
A contested divorce is the opposite. This is where the spouses disagree on either some or most of the issues related to divorce such as the children’s residential schedules, spousal support, and property. In these cases, divorce lawyer fees are increased and begin at $5000 and range up to $30000.
Divorce is emotionally, physically and financially draining which is why it’s important to choose a lawyer you can trust. Some lawyers may offer their services at a reduced price but in these cases it’s important to remember that you may get the service you pay for.