Anticipating a divorce is a very difficult time in one’s life. One of the major issues is choosing an attorney to represent you during the proceedings. Finding the right one for you can pose its own problems. Here is how to start:
Not all attorneys practice the same specialties. You will need to find someone who deals in matrimonial or family law. When you start making your list, here are some things to consider:
Experience
It is best if the attorney has experience practicing law and specifically several years dealing with divorces and family practice. If not, be sure the firm has assigned a seasoned mentor.
Negotiator
Skills in give and take will help streamline the process and help avoid angry outbursts. A good negotiator will make all parties feel like winners.
Compatible
If you find his or her personality intolerable, you will not be as open, plus you will avoid necessary meetings. You don’t need to make a friend forever but you need to be comfortable sharing personal and confidential information.
Expectations
The attorney should be upfront about the entire process. This includes any ideas about child support or alimony, prenuptial agreements, custody issues, division of property, etc. Both sides of the desk need to be frank and realistic.
Special Issues
Another factor that will influence your decision is any special problems or situations. This can include custody issues, small businesses, family businesses, debts, taxes or citizenship. Hire a lawyer that is well versed in those particulars.
Once you have come up with a shortlist, you will want to set up an initial meeting so that you can find the best fit for you and your overall situation. Develop a list of questions and if the answer doesn’t seem complete, don’t hesitate to probe further.
- Is family law the only specialty you practice? If not, what percentage is involved with divorce?
- Realistically, what will the outcome be of matters in contention?
- What percentage of your cases go to trial? If they do, what is your success rate?
- Ask about your spouse’s lawyer, if you know who it is. Find out if this will be a drawn-out battle or civilized discussions.
- Estimate of the time from filing to closure.
Attorneys’ fees come in different types. There are hourly rates, flat retainer, expenses, etc. You should very clearly understand the cost. If it is large, you need to find out the billing terms and if they accept payments.
Lastly, there may be options like mediation or a collaborative divorce. If there are extenuating issues like anger issues or violence, the options around a restraining order. Visitation rights are frequently difficult and contentious. Who will be the primary decision maker about medical issues? You also need to ask about what may happen if the custodial spouse decides to move outside the city, province, or country.
If you are going through the difficult process of divorcing and need an Ottawa divorce lawyer, we advise you to contact AGB Lawyers, a firm assisting in Family Law, Mediation, Estate Planning and Estate Administration.
