Finding A Divorce Attorney
Do I need a divorce attorney?
Maybe you do need a divorce attorney, maybe you don't need a divorce attorney. Do you need divorce advice? Absolutely. You need to know what your rights are, you need to know what your obligations are, you need to know what to expect, which an attorney can tell you.
How do I find a divorce attorney?
Different people have different ways of finding divorce attorneys: some people, yellow pages, other people, internet. I know people that actually go into the family law department in their community and sit in the gallery and watch. When you sit in the family law court, you'll see; there are some lawyers who walk into court, they know their client, they know their issues, they're sharp, they're focused, they're ready to rock and roll. There are other lawyers who walk in and say "Mr. Jones here's?" And so, that's one way to know is, go to the family law court and see who's doing what.
What can I do if I cannot afford a divorce attorney?
If you can't afford to hire a divorce lawyer, there are other ways to find professional help. Some courts offer classes on how to fill out the forms. They give you free walk throughs. They give you assistance. In California, for example, we have something called the Family Law Facilitator. And you can go into that office and have the forms filled out for you for free. You can also talk to a Paralegal. Sometimes they're called a Document Preparer or a Licensed Document Preparer. These are people who have been trained, and in the case of a Document Preparer, licensed, to fill out the forms. And they'll sit down with you and ask you questions. They're not allowed to practice law, they're not allowed to give you legal advice, but they can talk to you about the process, talk to you about the forms, and kind of walk you through it.
What should I bring with me when I go see a divorce attorney?
When you have your first meeting with your divorce attorney, I would recommend that you bring with you a list of all of your marital assets and debts, a list of your assets from before the marriage, your tax returns, and your pay stubs. Also, think about the questions you want to ask that lawyer, and think about the answers you want to get and write those questions down. Be prepared to ask the lawyer all the questions that you want answers to so that you'll get the information you're looking for.
What is the first step the attorney will take to begin the divorce process?
When a client consults with a divorce attorney like me it's a 3 or a 4 step process. The first step is the attorney asking questions and gathering information. The thought behind this first step is, I can't answer questions unless I have all the information. My second step is to provide the client with a summary of California divorce law. What to expect - we're a no-fault divorce state. Parenting issues are based in the best interest of the children. This is how child support works, this is how spousal support works. Do you have issues of domestic violence, drugs or alcohol? That would be the second step is an explanation. The third step is to say to the client, "now that I've gathered information and hopefully by now I've answered all your questions, but maybe you have some questions that I haven't answered, so why don't you ask them?". Once I know I've answered all my potential client's questions, I then talk to them about the process. There's a litigation process, that's the default setting where people think they have to go, there's mediation, and of course, there's collaborative family law.
