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Finding Legal Assistance

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Choosing The Right Professionals To Guide You Through A Divorce

Generally, you cannot get through a divorce on your own. Questions of property, custody and support are complicated. You are likely to need a professional’s guidance to structure a settlement that is fair and meets your state’s legal requirements.

Many individuals seek a skilled, dedicated attorney with experience handling family law and divorce cases. Generally, your spouse will need a separate attorney. If you suspect your divorce could be contentious, you will want an attorney with courtroom experience as well.

Obtain referrals from trusted friends and family members. Check with your local and state bar associations. If you have limited financial resources, consult with a legal aid clinic in your area. Also, visit online or go to your local library and find a copy of the Martindale-Hubbell directory, a resource that lists attorneys and their professional credentials.

  • Interview at least two attorneys. Many offer brief, no-cost or low-cost initial consultations.
  • Ask questions about how your case might be handled and about fees. Attorney’s fees vary. You should be able to get approximate fees for an amicable divorce and a contentious divorce.

Choose your legal counsel carefully and consider the following:

  • Their experience.
  • Your comfort with discussing your circumstances.
  • The proposed processes and approach.
  • Fees for services.
  • The availability of a team of legal professionals to assist your attorney in the event of a lengthy court battle.

If you are a military servicemember, you may be able to get civilian attorney referrals and some general information about divorce laws from your installation’s legal office, but it cannot act as your legal representative.

Resource
American Academy of Matrimonial Lawyers
(312) 263-6477
www.aaml.org

Mediation

You and your spouse can reduce legal expenses, minimize stress and avoid the typical courtroom procedures through mediation. In this process, a divorcing couple, with coaching from a neutral, impartial third party, works out a settlement cooperatively.

Mediators do not need to be licensed. Because of a lack of regulation to ensure mediators’ skills, divorce attorneys are often reluctant to suggest it to clients.

Attorneys also note that in some cases mediated agreements ignore important elements such as health insurance or complex tax consequences, eventually costing clients more than settlements worked out in an adversarial atmosphere.

A mediated agreement may take several hours or several months.

Mediation Can Work If:
  • You and your spouse are motivated to work together.
  • You are both able to communicate easily with one another.
  • Your property and custody issues are straightforward and uncomplicated.
  • Your estate is reasonable small.

Costs for mediation vary depending on your geographic location and the experience and reputation of the mediator.

A mediated agreement may take several hours or several months. If your mediation leads to an agreement, your mediator will generally prepare a written memorandum of agreement. Your attorney and your spouse’s attorney will review that agreement for approval.

Once the agreement is signed, it becomes a part of your final divorce documentation. Also, you may want to consider the use of a Certified Divorce Planner (CDP).


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