Selecting an attorney is a critical component of the divorce process, so be sure to select someone knowledgeable, skilled and experienced.
Search for an attorney specializing in family law who is familiar with the judges in your jurisdiction and who aligns with your approach. It may also help if they know of a family lawyer in another location who shares these qualities.
Contracts
People often don’t realize that a Stipulated Judgment and Decree is actually a contract regarding their divorce, consisting of terms they sign before filing it in district court for approval and authority by a judge. Therefore, its enforcement can be enforced just like any other contract such as one for vehicle purchases or housing contracts; just like these contracts contain an offer, acceptance and what lawyers refer to as consideration clauses.
Fee agreements should clearly state the hourly rates charged by a divorce attorney for professional services rendered, along with any potential additional costs such as paralegal/legal assistant time charges or retainers payable before work on your case commences.
Courts
Locate a qualified divorce attorney who has experience handling the issues involved in your case. An attorney who has participated in family law committees or spoken at bar association events could be an indicator of their expertise; additionally, consider whether the lawyer knows your jurisdiction’s judges and court system, which could have an effect on how he/she handles it for your case.
Temporary Orders: A judge can issue temporary orders regarding support, custody and exclusive use of marital home during the divorce process. Evaluate Legal Grounds: Your lawyer can help determine if your divorce grounds are no-fault (irretrievable breakdown for six months) or fault-based (malicious treatment, adultery or other misconduct).
Settlement Negotiations: Experienced divorce lawyers work to come to an agreement between themselves and you regarding property division, support payments and custody matters. Often this requires mediation sessions with experts present. Once these issues have been settled, your divorce attorney prepares a final judgment of divorce.