If you are like many, you may find the possibility of divorce to be overwhelming and unaffordable. In addition to being a stressful and emotional time in your life, a divorce can also be financially draining. There are a number of ways, however, that a self help divorce can be achieved through a combination of quality divorce advice from a licensed divorce attorney and cooperation from both your and your spouse.
As most divorce lawyers will tell you, the least expensive way to achieve a divorce is through an amicable settlement involving both parties. If you and your spouse can agree on child custody (if applicable), alimony, the division of assets and other important information relating to the divorce, you may be able to achieve satisfaction through divorce mediation. Because a neutral third-party individual presides over the matter, both you and your spouse will need to seek the help of a divorce attorney if preferred. Although not required, a divorce lawyer can offer important information throughout the mediation process, including your rights under the current divorce laws and advice on divorce that you may not otherwise consider. A divorce mediation is quicker and more affordable than a lengthy litigation process through divorce court. There are several instances in which divorce mediation may not be an option, including a marriage that has a history of abuse or when one spouse is fearful of the other.
If you prefer to file divorce papers independently after having researched your own self help divorce information, it may still be to your benefit to consult with a professional divorce lawyer. In many cases, divorce attorneys offer a free initial consultation. It is important to inquire about this policy prior to scheduling a meeting, however, as every divorce lawyer has his/her own guidelines when it comes to client meetings and/or telephone calls. If you are able to schedule a free or low-cost consultation, it may be well worth your time to speak with a professional who can offer valuable divorce advice on your case. Because divorce lawyers are experienced and knowledgeable about local divorce laws, you may find that the information gained is priceless. Even if you choose to proceed with filing the divorce papers yourself, having spoken with a divorce attorney may prove to be helpful in the future. This is especially true if a problem should arise within the case and you can then retain the services of that same attorney who is already familiar with your situation.
In most areas, legal aid is also available to help those who are financially strapped and still need help with legal issues. Because the litigation process through divorce court is both complex and lengthy, the legal fees can quickly add up. In some instances, a trial may be the only option. For those who can work together, settle their matters in a civilized and fair fashion and wish to minimize their expenses, consulting with a divorce lawyer about various options may be a good idea. Unless you have a very good understanding of local divorce laws and the legal process in general, filing your own divorce papers may be difficult. If nothing else, a divorce attorney can help you to get the appropriate papers completed and filed while offering professional divorce advice to help make this stressful time a little less painful for all involved.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony, self help divorce and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
By: Andrew Daigle
Posts Tagged ‘Alimony’
Divorce On A Budget: Self Help Divorce, Attorney Consultations & Minimizing Costs
December 23rd, 2009Do You Really Need A Divorce Attorney?
December 11th, 2009
If you are in the situation of going through a divorce or perhaps your spouse has already filed for a divorce, you may want to consider getting a divorce attorney. This is not so much for the complexities of the filings and paperwork that will need to be done, but more so from the aspect of protecting yourself.
You are also likely to have many questions about possible outcomes and how they will affect you. A good divorce lawyer can answer those questions and put you in a much more advantageous position in the divorce proceedings. Even if you expect your situation to be pretty straight forward, perhaps even uncontested divorce, it is interesting to note how quickly people (like your spouse) can change their mindset when there is money or assets to be had as a result of the divorce.
Naturally you have the option to represent yourself in your own divorce case. But this is not a good recommendation and is not in your best interests. Especially if there are assets or children involved in the divorce, you will definitely want a divorce attorney to represent you.
Another excellent reason to have yourself represented by a good divorce lawyer is that there may be support involved, otherwise known as alimony. The divorce laws vary widely from state to state, so the advice you get from your friend in another state may not apply in your state. Note that alimony, also known as spousal support, is different from child support, and takes into account how much money you make compared with your spouse, and each of your abilities to earn income and maintain the standard of living that was established during your time of marriage.
Alimony can be awarded for a specified period of time or an indefinite period of time, and this decision is based on the particular circumstances of each spouse. The amount of alimony can be reviewed if there are significant changes in the income or situation of either spouse. But be aware that if spousal support is waived, then the spouse who gave up the spousal support cannot come back and ask for it again in the future.
Yet another reason for having a good divorce attorney is to protect any pension or retirement accounts you may have. These are typically considered “marital property” and can be divided during a divorce. Although the court system will attempt to be fair in the division of money and assets, especially with pension and retirement accounts, a good divorce attorney will fight for your rights and make sure as much as possible is done to your benefit. This aspect in itself can more than pay for the costs of a divorce lawyer.
By: Jon Arnold
Attorney-Client Retainer Agreements
November 21st, 2009
Understanding Your Contract With Your Attorney
The main purpose of an attorney-client agreement is to outline the relationship between you (the client) and the attorney – primarily, how the client will be billed for what services.
In general, billing can occur in a number of ways – hourly, contingent, flat fee or a mix of these methods. Flat fees are obviously the easiest to interpret since you’ll know up front what most of your costs will be. Flat fees are typically found in uncontested divorce cases where the attorney can clearly define what tasks and services he or she will perform.
Contingent implies that charges or fees will be billed only under certain circumstances or when a particular event occurs. For example, the attorney-client retainer could state that 10% of your settlement will be due and payable to the firm. If there’s no settlement in your favor, there would be no 10% to pay. For the most part, contingent billing is considered to be unethical in divorce cases but are often seen in alimony cases or matters concerning unpaid child support.
Hourly billing can easily be the most expensive since you have limited control over the number of hours that are spent on your case. In addition, the method used to break down time increments can vary from firm to firm.
For example, many attorneys bill in tenths of an hour (.10) which is the equivalent of six minutes however some lawyers may bill in fourths, such as .25, .50, .75 and 1.0. What this means for you is that a two-minute phone call can either be billed as one-tenth of an hour (6 minutes) or one-fourth of an hour (.25) which can make a difference in your overall bill.
All agreements cover the basics such as charges for photocopies, telephone conversations and the like (all of which you will be charged for) and they will (or should) also spell out any additional charges that might accrue and any minimum billing requirements that might be in place. These agreements should also cover an ancillary charges such as mileage, parking and mailing fees. Domestic phone calls are billed by the hour for example, however any long distance fees will be added to the bill on top of the amount charged for the attorney’s time.
When an Attorney-Client Retainer Agreement is signed, the client (that’s you) is required to place an agreed upon amount called a “retainer” into an escrow account of sorts as payment for upcoming bills. This ensures that the bills will be paid and when the retainer amount runs low, you’ll be required to add additional funds to continue the attorney-client relationship.
To make sure you fully understand the agreement you’re about to sign, you’ll want to read it thoroughly and ask questions if you don’t understand any portion of the contract. Most attorneys will be happy to give you time to read through the agreement and are equally as happy to answer any questions you might have. If they’re not, keep looking for another attorney.
By: Jeremy Reither