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How to find a divorce attorney

02-01-2023, 01:06 AM
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How to find a divorce attorney
If you decide it makes sense to hire an attorney, what is the best way to find the right one? Each spouse will have their own problems and needs, of course, and each spouse will need their own lawyer. The types of divorce attorneys and their fees can vary widely. But it's important to understand the basic elements of what divorce attorneys do, where to find them, and what they can charge. Even if the couple is able to settle the divorce without going to court, good legal advice can help. If you're considering hiring a divorce attorney, here's what you need to know.

What does a divorce attorney do?
A divorce attorney protects the rights of his client, along with handling the related custody and financial aspects of the divorce. Most importantly, a divorce attorney will explain the law and your available legal options.

The attorney should review your case and related documents. This can include pay stubs, tax returns, and property value information. They also need to listen to the client's account of their situation and goals and provide advice based on these specific needs.

Although only a fraction of divorce cases go to trial (90% to 98% are settled before trial), attorneys for each spouse go through lengthy preparation for presenting evidence before a judge, calling witnesses to support their case, and making opening and closing statements.

Divorce attorneys draft a marriage settlement agreement, which is a legal contract that sets out terms for child custody, alimony, and division of assets, among other things.

Divorce mediation is an alternative to going to trial. The process involves a neutral mediator who facilitates the divorce negotiations by trying to help both parties reach a solution. It is often cheaper and faster than going to court. Couples can do mediation without attorneys, but this may not be the wisest way to proceed unless the divorce was very simple - for example, the marriage was short, there are no children, and little property to divide.

Divorce arbitration is another form of dispute resolution in divorce negotiations without going to court, and it can also be faster. It differs from mediation in that both parties present their case before an arbitrator of their choosing, and the arbitrator makes a decision on how to handle their case. Often the arbitrator is an attorney or retired judge. It is important to note, however, that more often than not, an arbitrator's decision cannot be appealed

Do you need a divorce lawyer?
Working through the legal process of divorce is often complex—marked by significant paperwork, waiting times, and filing multiple forms, among other requirements—which adds hurdles for individuals who may want to go through a divorce without a lawyer. Depending on the circumstances of the spouses (whether they have children, property, or large retirement accounts), they may need attorneys to be very involved in their divorce. The more work a lawyer has to do, the more expensive it will be.

There are several reasons why people choose to hire a divorce attorney. First, divorce attorneys are skilled in bringing the case to a judge, seeing the big picture, and finding the best deal for their clients. Second, divorce attorneys can offer options that people may not have realized were available. They may anticipate the outcome, suggest settlement options, and put together a settlement proposal as a result of their experience with similar cases.

Most importantly, given the emotional intensity of divorce proceedings, divorce attorneys act as an objective third party, helping clients keep their balance and work toward the best possible resolution. Individuals with children or significant assets are more likely to need a lawyer, while two people with few and comparable assets likely will not need the same level of assistance.

What you should expect and how to pay
Total average divorce costs can range from $7,000 to $23,300, and divorce attorneys charge an average of $270 an hour.

In a 2019 Martindale-Nolo Research study, attorney fees for divorces lasting less than six months were, on average, $6,500; Those who lasted more than 30 months came in at $23,000. Typically, divorce attorneys are paid by power of attorney, which requires clients to pay up front for their services. On average, startup fees range from $2,000 to $5,000.

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