How to choose a Divorce Lawyer?
During a divorce, it is mandatory to be represented by a lawyer for the procedure of separation from bed and for divorce proceedings
The procedure of separation from bed and board or divorce is always done at the High Court, before the family court judge, only authorized to pronounce it.
A lawyer appreciates the complexity and specificities of each file. He is able to negotiate on behalf of his client and to best defend the interests of the family. Even in cases of divorce by mutual consent, the only case where it is not necessary to have recourse to a lawyer, this one will help you and will advise you during the preliminary negotiations, sometimes avoiding you face-to-face painful.
How to choose a lawyer?
It is advisable to always choose a divorce lawyer long island specialist. Avoid taking a friend: an outside lawyer will have more perspective and can defend you more serenely. Similarly, entrusting the file to an acquaintance is not optimal if the lawyer is not a divorce specialist. During the first interview, the lawyer must first understand your problem and then advise you on the procedure and strategy to adopt. You will set a fee agreement from this first exchange (mandatory now) which will serve as a contractual basis. Opting for a fixed price will help you avoid unpleasant surprises in case of lengthy and complex procedures and payment by the hour.
Do not forget that it is always possible to change the lawyer: if there is no trust or broken, if your lawyer is not available enough or if he wants to train you in heavier procedures without you having chosen it, it is better to entrust your file to another lawyer.
Even in the case of divorce by mutual consent, it is not advisable to choose only one lawyer to represent both spouses: this choice is only really appropriate in the absence of children and psycho-emotional consequences.
This choice is limited to the case where the spouses have agreed and agree on:
- The future of the marital home,
- The residence of each of the children,
- The sharing of parental authority, the amount of alimony and the organization of access rights,
- The division of property.
Collaborative law and mediation:
In the event of an amicable divorce, it is advisable to call on lawyers specializing in collaborative law (with a mediator’s certificate) where the role of the lawyer will be to guide, advice and assist his client. to find a constructive solution, and especially to negotiate between the two parties. A schedule of meetings is established, during which the aspects of the different aspects will be tackled in order to arrive at the most suitable solution.
The interest of this procedure is to manage calmly, appeasement and respect the most painful period of divorce.
During the collaborative process, the parties undertake not to resort to the judge until the conclusion of a complete protocol. The great novelty of the collaborative process is that lawyers and experts are committed to divesting the case if the process fails. However, failure is very rare.