Saturday, December 30, 2006

Divorce Lawyer Communication - How to Enhance Your Communication with Your Attorney

by Steve C

There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support.

Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

In-Person
Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney's undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.

E-mail
Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.

Telephone
One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.

Fax
Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney's office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney's office had to stand in front of the fax to send or receive documents.

Mailing
Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney's keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.

There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support.

Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

© 2006 Child Custody Coach
About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Labels:

Divorce Lawyer Communication - How to Enhance Your Communication with Your Attorney

0 comments

Thursday, December 28, 2006

Divorce Lawyer Characteristics - 5 Traits to Consider

by Steve C

The characteristics of a divorce lawyer are important to consider when seeking legal representation. Whether your divorce is highly contested or if you are close to settling all or most of the major issues pertaining to your divorce such as child custody and visitation, division of property, and support, the following characteristics of a prospective divorce lawyer should be considered.

(1) Proactive
(2) Willingness to negotiate
(3) Assertive
(4) Approachable
(5) Problem solver

Proactive
Proactive divorce lawyers often keep the opposing party on the defensive. Rather than reacting to the opposing counsels requests, a proactive attorney will have a strategy and often initiate action requiring the other party to respond or react. When done effectively, the opposing party may find themselves responding and reacting with little or no opportunity to go on the offensive.

Willingness to negotiate
Cases in which the parties are close to settling all or some of their divorce issues can benefit from divorce lawyers that are willing to help negotiate settlements out-of-court. Additionally, much time, money, and stress associated with contested divorce cases can be drastically reduced. However, in highly contested divorces, negotiating settlements may not be an option and a good trial lawyer may be more valuable.

Assertive
An assertive divorce lawyer is typically confident, but not arrogant, and knows when it is ok to be assertive and when it is not. Additionally, such an attorney will often demonstrate confidence in the courtroom through his/her experience and may remain unemotional throughout your divorce proceedings. The attorney's communication with the opposing counsel will typically be amicable, but when under attack, he/she will not be afraid to assert his/her client's position.

Approachable
Approachable attorneys are easy to talk to and easy to get in contact with. When you request to speak with them they will make themselves available and return your call in a timely manner. However, an approachable attorney is not an attorney that will engage in meaningless conversations that have no relevance to your case. Typically, an approachable attorney will demonstrate good listening skills in a conversation and will politely inform you if they believe you are getting off the subject to make the best use of his/her time.

Problem solver
An attorney that demonstrates good problem solving skills will have a strategy for your case. Such attorneys are often willing to negotiate settlements when it makes sense, but are fully prepared for trial if matters cannot be settled out-of-court. If you plan to retain a divorce lawyer to help you with your divorce, taking into consideration the above 5 traits of a prospective attorney before you hire him/her might save you a surprising amount of time, money, and stress during your divorce proceedings.

© 2006 Child Custody Coach
About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Labels:

Divorce Lawyer Characteristics - 5 Traits to Consider

0 comments

Tuesday, December 26, 2006

Divorce Lawyer Qualifications - You Set the Bar

by Steve C

Assuming that you have several prospective divorce lawyers in mind to handle your divorce or custody case, you must investigate the qualifications of each attorney. Before investigating the qualifications of each attorney, you would be wise to set the bar on the minimum qualifications that are acceptable to you.

An attorney's qualifications in the following 5 areas will help you in your investigation.

(1) Percentage of practice devoted to family law
(2) Years of experience
(3) Certified specialist
(4) Law school and education
(5) Memberships Percentage of practice devoted to family law

An attorney's percentage of practice devoted to family law will help you assess how much experience and expertise he/she has with divorce and custody related issues. An attorney whose practice is 100% devoted to family law issues, such as divorce and custody, will likely have more expertise and familiarity with handling such cases than an attorney whose practice is not 100% devoted to family law.

Years of experience

An attorney is often valued by the number of years of experience they have in a particular area of law. The more years of experience an attorney has in family law, the more they can typically demand for his/her fees. Further, the more years of experience an attorney has with divorce or custody cases, the more likely he/she has worked on a case similar to yours and help you learn what you can likely expect and what the costs will be. Certified specialist

Is the attorney a certified family law specialist?

Some attorneys may seek to become a certified family law specialist by demonstrating extensive experience and testing in the field of family law. There are certainly attorneys with experienced and expertise in family law that have not sought out to become a certified family law specialist. Attorneys that advertise themselves as "certified specialists" may demand a higher fee.

Education

The fact that an attorney graduated from a prestigious law school does not necessarily guarantee that he/she is more qualified and more experienced in the field of family law than an attorney that has not graduated from a prestigious law school. The law school is however still something worth exploring because it may demonstrate how serious, dedicated, and committed the attorney was to his/her education. Additionally, some attorneys may have various education such as being a Certified Public Accountant or Licensed Clinical Psychologist. You will need to determine the value of the different education an attorney has and the cost that may go along with it.

Memberships

An attorney that has taken interest in the field of family law will often have memberships to organizations in the field of family law. Some memberships are available to any lawyer and some memberships are more difficult to obtain. An attorney that does not have any memberships to organizations in the field of law can often create doubt in the consumers mind about their interest in that field. The information above about an attorneys qualifications can often be found through the State Bar website or through the Bar Association. As you seek to know more about an attorney's qualifications, it is ultimately up to you to investigate the attorneys qualifications and set the bar on the minimum qualifications that are acceptable to you.

© 2006 Child Custody Coach About the Author Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Divorce Lawyer Qualifications - You Set the Bar

0 comments

Friday, December 22, 2006

Divorce: Divorce and Legal Separation

by Steven C.

In the United States, there are statistics that indicate that half of all marriages will end up in a divorce or legal separation. Often people do not differentiate between divorce and legal separation. Both divorce and legal separation refer to the situation when a couple decides not to live together anymore. But being separated is much different than being divorced.

What does legal separation mean? Legal separation generally refers to a court order which acknowledges that a couple is no longer living together and that all the issues regarding the marriage have been resolved. A legal separation generally means that both parties reached an agreement concerning child custody, child visitation, child support, spousal support or alimony, distribution of property, attorney fees, and personal conduct. However, in a legal separation both parties remain married to each other. Indeed spouses who are just legally separated are not allowed to marry another person.

Divorce, also known as a decree of dissolution of marriage, is also a court order but it is for the purpose to dissolve or terminate a marriage. Both parties are allowed to marry another person following a divorce since they have returned to an unmarried status. An annulment differs from a divorce on the ground that this process is meant at simply canceling a marriage.

What are the benefits of a legal separation? Legal separation often takes place when both parties prefer to stay married for religious reasons. That's why legal separation is often coined catholic legal separation since it preserves the religious marriage. Legal separation is not only pursued for religious reasons, but also for tax reasons. Unlike a divorce, the non-custodial parent may be able to deduct from his/her income taxes spousal support payments. Some also prefer not to wait for the state statutory waiting period for termination of marital status. That's one of the reasons why a legal separation is often pursued to set the parameters for dealing with one another while living separate and apart while keeping the married status, and leaving an opportunity for a reunion or resumption of marriage. However being legally separated is not a requirement before filing a divorce. In other words, a legal separation is not a prerequisite of the dissolution of a marriage or divorce.

If you are considering a legal separation, divorce, or dissolution of marriage you would be wise to consult an attorney who can inform you legally about your particular divorce or legal separation matter.

© 2006 Child Custody Coach

About the Author Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

Divorce: Divorce and Legal Separation

0 comments

Tuesday, December 19, 2006

Advice From A Divorce Attorney?

By: Triston Huntsmin

I believe that divorce is one of the biggest epidemics in our current society that isn't being recognized or treated as such. As a marriage and family therapist, of course divorce is something that I am passionate about because it is something that I am spending my life to fight against.

I am not ignorant enough to believe that I will see all cases of divorce end during my lifetime, nor am I ignorant enough to believe that all divorce cases even should be prevented. I am, however, perhaps ignorant in my belief that it is crazy for people considering divorce to get advice from a divorce attorney. Now, most of you are thinking I'm crazy.

Who would go to a divorce attorney for advice about their failing marraige?

Many people, unfortunately. I had no idea until I began working with marriages and families in crisis just how many individuals and even couples were seeking refuge and advice with their divorce attorney. I was overwhelmed by my new knowledge for one primary reason. Have people considering getting a divorce forgotten that a divorce attorney is the very last person who will be concerned with them repairing a broken marriage?

A divorce attorney makes a living helping married people get divorced while getting as many benefits from the divorce as possible. So why would any nearly-divorced person go to a divorce attorney in hopes of fixing their marraige? Beats me.

My advice to anyone struggling in their marriage is to make an appointment to visit a professional counselor or a marriage and family therapist. The core reason why I suggest this is because in general, counselors and therapists are people who deeply want to see marriages and families restored rather than torn apart.

If I am looking for someone to help me fix my car, then it is far wiser to get help from an individual who actually believes that cars can be fixed, right? Of course. The same is true with marriage. Do not go for help to someone who believes that marriages should end easily and for any reason at all. Go instead to a professional who is trained in giving you wisdom about ways to make your relationship work.

A divorce attorney is great for people who are sure that divorce is the option they are choosing. If, however, you are still unsure of your options and if you are still hoping for healing in your marriage, then a divorce attorney is the last person you should see.

About the Author:
Triston Huntsmin is a marriage and family therapist who hates seeing people get caught up with poor advice from a divorce attorney. See www.divorceattorneytimes.info for more.

Advice From A Divorce Attorney?

0 comments

Saturday, December 16, 2006

Divorce Lawyer Search - Ready, Set, Go!

by Steve C

With literally thousands of licensed attorneys practicing in your area and numerous Yellow Page advertisements, phone book listings, and directories seeking your business, how does one come to choose the right divorce attorney? Certainly, finding the right divorce attorney can be a time-consuming and exhausting task, but it does not need to be if you know where to start and how to plan your search.

Your search for the right divorce attorney can be simplified through the following 3 actions.

(1) Be ready to set aside a reasonable financial budget to pay for your divorce
(2) Set out identifying the attorney search options available to you
(3) Go forward with your divorce attorney search Be ready to set aside a reasonable financial budget to pay for your divorceYour attorney fees and the cost of your divorce will depend on how much you and your spouse can agree on issues such as division of property, custody and visitation of the children, and/or support.

The more you disagree with each other, the higher your costs will be. With that being said, you will want to be ready to set aside a reasonable financial budget to pay for your divorce and attorney fees associated with contesting or sorting out these issues. Set out identifying the attorney search options available to youOnce you have thought through how you will pay for your divorce costs and attorney fees, you will want to set out identifying the attorney search options available to you.

Below is a list of common attorney search methods that may be available to you.
(1) Free attorney search and research websites on the Internet
(2) Recommendations from friends and family members
(3) State Bar certified attorney referral services
(4) Non-profit legal aid agencies or Prepaid legal service plans
(5) Yellow Pages, newspaper ads, and radio ads Go forward with your divorce attorney searchNow that you have set out identifying the attorney search options available to you, you are ready go forward with your divorce attorney search!

© 2006 Child Custody Coach About the Author Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.

divorce lawyer , divorce attorney , family lawer

Divorce Lawyer Search - Ready, Set, Go!

0 comments

Friday, December 15, 2006

Divorce and Lawyers

by Hope Ocampo

Choosing a divorce lawyer is a crucial decision in a divorce procedure. Divorce lawyers will be there from the beginning of the procedure. It is vital that the legal advice he/she gives you is good advice. If is not familiar with the divorce process and the grounds or laws for divorce in your particular state, it is very important that you choose a divorce lawyer who can enlighten you and offer you the best representation. Aside from having a knowledgeable attorney, make sure that you feel comfortable and can trust your lawyer.

Do I need a lawyer?

Check out the following circumstances to make sure whether you need to have a lawyer or not.

* You and your spouse have been wed for at least 5 years
* You and your spouse have kids.
* Either you or your spouse is the breadwinner while the other may have difficulty getting on his/her own two feet financially speaking, once the divorce is finalized.
* You or your spouse has come upon inheritance while married to one another.
* Either you or your spouse is in debt.

Where can I get a divorce lawyer?

There are a many ways to get a divorce lawyer. Also try asking your marriage counselor or therapist for a referral. Of course you may ask your relatives or friends as well. Other lawyers can recommend those attorneys which specialize in divorce also.

It is also possible if you may even go straight to the courthouse to check out if a particular divorce lawyer strikes your fancy. No matter where you look, may it be in the yellow pages or in directories on-line, you should assess their credentials.

Meeting a lawyer for consultation

After finding a promising lawyer, the next step would be to meet him/her for consultation. If he/she is hard to reach then this may be a sign that you may have a hard time getting in contact with him/her once you hire him/her as your divorce lawyer. Find out how much he/she may charge for consultation. What exactly is his/her specialization? It's important that he/she specializes in divorce, for you to have the best representation. You wouldn't want a gynecologist dealing with your heart disease would you? Of course you'd seek the help of a cardiologist and with legal matters it goes the same. Seek the help of a divorce attorney for divorce concerns.

What you ought to know after consultation with a divorce lawyer

The first time you meet with a divorce lawyer may be one of the few times that you are the one who gets to do most of the asking. Make the most of it. Find out everything you need to know in order to make the right choice of attorney. After speaking with a lawyer, make sure you've discussed the following matters:

* Length of practice
* Case specialization
* Divorce trial experience
* Experience in negotiation for settlements
* Familiarity with divorce mediators
* Custody dispute experience
* Familiarity with tax issues of divorce
* Familiarity with your particular situation/context
* Projected period of time for your case
* Projected outcome for your case
* Schedule and methods of contacting him/her
* Fee (Including specifics, like if travel time is included)
* Manner of billing

To learn more about divorce, please visit Divorce Guide.

Divorce and Lawyers

0 comments