| There
are two basic ways your divorce can play out:
* Amicably, or in a
* Dragged our fight in court
Clearly, it’s in everyone’s best interest
to settle a divorce quickly, reasonably and in a cost effective
manner. However, this is not always the case because peoples ‘emotions,
greed and desire to retaliate often get in the way. Unfortunately
in the end, the only ones who benefit from a protracted court
battle are the attorneys who invest considerable time arguing
issues in court that could otherwise be settled through rational
negotiations.
While it is not always possible to avoid court - particularly
when your spouse may be taking a very unreasonable position on
things, there are two options that are gaining increasing popularity
in divorce law. These are Mediation and Collaborative Divorce.
Both utilize the principle of negotiation as well as a genuine
desire to avoid court as a method of resolving differences. If
you feel that you and your spouse are candidates for either of
these approaches, I strongly urge you to consider them as alternatives
to going to court.
Finding An Attorney
Next to arriving at the decision to divorce, the
next most critical step in the divorcing process is finding the
right attorney. While the saying “you get what you pay for”
applies in many situations, I am of the belief that when it comes
to attorneys, getting the highest paid attorney may not always
be the best option. Clearly, if you have a complicated financial
situation, you need to have an attorney who is
experienced in dealing with large settlement cases. In these situations,
you don’t want to have an attorney fresh out of law school
handle your affairs.
I usually suggest to clients to call around and speak to a few
attorneys before making the decision to retain one. It is also
good to get feedback from friends and relatives who have gone
through a divorce. With the divorce rate approaching 50% there
is a real good chance that you will know a number of people who
have gone through the process. Unless you have no assets, equal
paying jobs and no kids, then you will want to have a divorce
attorney (rather than a general attorney) represent you.
To help get you started, here are several directories
where you can find a divorce attorney in your area:
* Respond Legal
* Divorce Lawyers
* Divorce Interactive
Don’t feel in a rush to retain the first
attorney you speak to. It may be wise to “interview”
(yes interview - you are the boss here) two or three attorneys
and then decide which is the best one for you. One thing to consider
is how the two of you actually hit if off. You will be spending
considerable time with your attorney as well as shelling out considerable
money for his or her services. It is therefore critical that you
establish a good working relationship together and feel confident
that this individual can represent you effectively. If you have
any concerns
in this regard, continue shopping around until you are satisfied.
One other important consideration in selecting
a divorce attorney is their approach to divorce. At one time the
only solution to a contested divorce was to “litigate”
- or in other words, fight it out in court. Today, there is another
option called “Collaborative Divorce“.
Educating Yourself
If you are like most people getting divorced,
this is probably your first (and hopefully - your only) time that
you are going to go through the process. And unless you are an
attorney, you probably know little about how to get divorced or
how it will impact on your life and that of your children.
It’s essential that you educate yourself
appropriately about all the things you need to know about getting
divorced. One place to start is by going to Divorce Directory
. This broad based directory of 100
divorce service providers is listed by popularity. I am sure you
will
find some excellent information at this website
There are also a number of other websites dedicated
to divorce that serve as excellent resource bases for selecting
attorneys by region, child support tables, and divorce forms.
Check out Millennium Divorce’s ?Divorce Forms? These are
?invaluable resources that are categorized by state. By using
them you will save time and money when it comes to settling your
divorce - even if you have retained an attorney. This is a way
you can be proactive and take charge of your divorce
Check out ?www.divorcesource.com? You will be absolutely ?amazed
at the range of resources this one website has. You will find
referral lists for attorneys across the U.S.A. and Canada, divorce
forms and a mortgage, income and child support calculators. The
nice thing about this website is much of the information is available
for free! |