Going through a divorce can undoubtedly rank among the most challenging phases in an individual’s life, particularly when children are part of the equation. Even seemingly uncomplicated scenarios can present intricacies demanding the expertise of a skilled family attorney.
1. MAKE SURE YOUR DIVORCE ATTORNEY POSSESSES A MINIMUM OF 10 YEARS’ PRACTICE
Within this piece, Mississauga Divorce Lawyer Malerie Rose, discusses five primary factors underscoring why opting for professional legal assistance, rather than navigating the journey solo, is highly advisable when taking on a situation which could have lasting effects on the future of yourself and your children.
Similar to numerous vocations, the significance of experience cannot be overstated when it comes to selecting a divorce attorney. The greater the accumulation of experience held by your chosen lawyer, the more advantageous it is for your case. The realm of law is intricate, and a lawyer with substantial experience not only possesses a more profound understanding of legal statutes and procedures but also is better equipped to furnish you with optimal legal counsel at every juncture of your divorce proceedings. Furthermore, a seasoned attorney is well-versed in the legal conventions that could impact your case within your specific jurisdiction.
Equally vital is an attorney’s life experience. In situations where you have children and are able to locate a divorce attorney who is a parent themselves, this can result in heightened empathy from your legal representative when addressing matters related to parenting. Moreover, an attorney with broader life experience is more apt to possess insights into the financial intricacies associated with raising a family and managing a household budget.
The sole means of gauging whether a divorce attorney possesses this kind of life experience is by directly inquiring. Do not hesitate; arrange an initial consultation to conduct interviews with potential attorneys prior to finalizing your decision. Your chosen divorce attorney may significantly shape the trajectory of your family’s future, making it imperative that you harbor confidence in their capabilities. It’s vital to ascertain that their personality, approach, sagacity, and principles align suitably with your needs, ensuring they become a valuable asset to you.
2. OPT FOR A DIVORCE ATTORNEY FROM A BOUTIQUE LAW PRACTICE
Exercise caution when considering divorce attorneys affiliated with expansive full-service law firms boasting a global presence and a website replete with extravagant features. The preeminent family lawyers in many instances are found within practices comprising ten or fewer attorneys. Contrarily, larger legal establishments typically house a mere couple of divorce attorneys, predominantly catering to the demands emanating from their corporate clientele.
Moreover, attorneys affiliated with major firms often command significantly elevated fees (one must contemplate how they finance their elaborate online presence). Furthermore, these attorneys within substantial firms frequently encounter pressure to accumulate billable hours, often leading to the delegation of tasks to junior associates, consequently resulting in billings not only for their personal hours but also for their associates’.
To compound matters, expenditures accrue from the involvement of secretaries, paralegals, and the levying of fees for each inter-lawyer communication initiated via telephone. These cumulative costs can swiftly propel expenses to unforeseen heights.
For those desiring concrete statistics illustrating the cost disparity between divorce attorneys hailing from small-scale and large-scale firms, consider the following illustration: A recent case featured a husband selecting legal representation from a boutique firm, while his estranged wife opted for a partner affiliated with a prominent establishment. Both attorneys exhibited a comparable professional background and level of expertise. The husband’s legal fees culminated at $23,000, while the wife incurred expenses amounting to $85,000. Identical case circumstances, identical caliber of legal practitioners.
3. CHOOSE COMPOSED AND PRACTICAL ATTORNEYS DEDICATED TO RESOLVING YOUR CASE
When embroiled in the emotional turmoil of a divorce, the last thing you require is an attorney prone to excessive enthusiasm or eager to exploit your frustration and rage in order to gain an upper hand over your spouse, further escalating the adversarial nature of the process into a public spectacle.
Instead, seek out a divorce attorney who adopts a pragmatic perspective towards your situation. Look for someone who prioritizes tranquility over confrontation, aiming to swiftly resolve issues rather than exacerbate them.
Be cautious of lawyers who accentuate the perceived injustices of your predicament and encourage you to seek retribution through legal proceedings. While their portrayal of themselves as fierce advocates might be stirring, be prepared for protracted and costly legal battles that could culminate, a couple of years down the line, with the very same lawyer meekly suggesting an out-of-court settlement with your partner. This could lead to unnecessary expenses and distress, when a more amicable resolution could have been attained quicker and at a lower cost.
To discern the nature of a divorce lawyer’s approach, inquire about their trial rate per year. If it exceeds three or four cases, exercise caution. An excessive trial rate implies insufficient efforts towards settling cases outside of court. Additionally, inquire about their case settlement percentage. Anything less than 95% should raise suspicions. Opt for a family lawyer who prioritizes out-of-court settlements and resorts to litigation only as a last resort. Moreover, inquire about their fee structure and approach. Avoid lawyers who fixate on trivial details. Instead, choose an attorney who comprehends the broader context and acknowledges the significance of long-term well-being for you and your family.
Lastly, and perhaps most importantly, inquire whether your attorney aims to facilitate an amicable relationship with your former partner after the divorce concludes. Seek a lawyer committed to maintaining an agreeable atmosphere throughout the process.
4. OPT FOR ASSERTIVE DIVORCE ATTORNEYS INSTEAD OF AGGRESSIVE ONES
While attorneys who make grandiose promises and assure you of securing the most favorable divorce settlement might initially catch your attention, it’s crucial to steer clear of divorce lawyers who adopt a confrontational and warrior-like approach.
Certainly, your chosen divorce attorney should exhibit assertiveness; this profession demands no place for timidity. However, aggressive behavior is equally undesirable. Attorneys with an aggressive stance can potentially provoke conflict with your partner and their legal representation, inadvertently creating a web of complications.
Strive to engage a divorce attorney who approaches your circumstances with reason and prudence. Through calmly asserting their perspectives, your attorney can create a more positive impact compared to one who communicates with anger and aggression.
Refrain from attorneys who boast about their numerous courtroom victories and exhibit anger-fueled approaches. Opt instead for a divorce attorney who possesses the capacity to achieve settlements without resorting to court appearances.
Once again, the only effective way to discern the approach of a potential divorce attorney is through prior discussions. Probe into their worldview. Do they lean towards optimism or pessimism? Do they perceive individuals as generally trustworthy or treacherous?
The manner in which a divorce attorney perceives people and the world profoundly influences their strategy in handling your divorce case. Steer clear of attorneys who harbor suspicions, hostility, or a pessimistic outlook at all costs.
5. SELECT A DIVORCE ATTORNEY WHO PRIORITIZES CHILDREN’S WELL-BEING
For those without children, this point may not be relevant, but if you are a parent, it’s imperative to pay close attention. If you and your spouse are in disagreement about how parenting responsibilities will be divided, the guidance provided by your divorce lawyer becomes pivotal.
This underscores the significance of choosing an attorney who possesses a genuine grasp of real-world circumstances, particularly those involving children. If the attorney has children themselves, this becomes a favorable factor, as it indicates a potential understanding of the emotional and financial complexities that divorce can impose on families with children.
When engaging an attorney, inquire whether they are parents and inquire about their role in their children’s upbringing. Familiarizing yourself with the attorney’s approach towards children will offer insights into the kind of resolution they are likely to facilitate concerning your children and the divorce proceedings.
In the context of divorce, aiming for a swift resolution is preferable, and an attorney who can dedicate ample time to your case will expedite the attainment of such a settlement.