Archive for category divorce lawyer

How to avoid… or if you need a divorce lawyer

Denver Divorce

The Hot-Headed Divorce Attorney

Divorce is an emotional event. Some are lucky enough to go through it without falling to fighting, but man end up in a sort of divorce hell. When you marry someone without a prenuptial agreement, you are basicaly entering into a contract saying both of you are now one entity when it comes to ownership. At the divorce, this means that hostile ex-partners can now vie for property through the divorce court. A hostile divorce usually forces both parties to hire Denver divorce lawyers. Hiring a divorce lawyer gives you a good shot at getting more property, but it also costs more and complicates the whole thing, especially when you start battling over child custody.

So the real secret to divorce happiness is to make the decisions mutually. Of course this is not possible in all situations, but if you can work the break up between yourselves you will be able to avoid hiring a lawyer and keep the decision making process out of the courts. A mediator might be a good option if you think a neutral third party would be better than aggressive lawyers. This will keep the children out of a messy Denver family law court battle. In most common Denver Divorces, the two sides can work a good portion out my themselves. In Colorado, once you have worked out how the children and money go, you do not even have to go to court once you submit the divorce to make it official.

When it comes to the point where you have to hire a divorce lawyer, who you choose to represent you is critical in how the divorce will proceed from there. Attorneys are in business to make money, and while some good ones will counsel you on what choices you need to make to keep your family and yourself happy, it is always in their best interest to make the most money possible. In our adversarial system, the lawyer’s job is to protect their clients interests as well as possible. If you want as peaceful a divorce as possible tell your lawyer. If your partner hires an aggressive lawyer, you may have to fight back. Lawyers will not mind using children as bargaining chips to get the most out of their adversary. Eventually most people run out of money for legal fees and settle anyways so I advise against that whenever possible.

In some cases where you agree on the general principles, both parties can use one lawyer. In our system a lawyer cannot fully represent two people at odds so it is important that the parties can compromise. I had one client that used a Denver motorcycle lawyer for their divorce just to do the paperwork. Try to keep it civil, because if a major disagreement arises, the lawyer will have to give one or both clients to another attorney.

There is another type of divorce lawyer called a collaborative attorney, who will work with another attorney in his profession to share information and work towards a settlement. These lawyers sign a contract saying that they cannot represent either party in court. This allows the clients to have a clear mind knowing their lawyers do not have a monetary incentive to go to court.

There are some cases when you need to hire the traditional adversarial aggressive divorce attorney. If there is any type of abuse or vindictive behavior. If you do not have the money, some law offices do pro bono work, and at the very least they can point you in the right direction on where to find free answers. The best protection if your spouse hires a lawyer is for you to do the same.

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Hiring A Denver Divorce Attorney

Written by: Bill Peters , Denver Attorney

Even an amicable divorce may benefit from use of a Denver Divorce Attorney. You hear about couples who have somehow found a way to divvy up the assets, the kids’ visitations, even the pensions in a way that both sides are happy with. Turn in the paperwork and you are done without the sometimes expensive advice of a divorce lawyer.

It may not be that simple.  Judges are not always inclined to sign off on every agreement that passes their courtroom, penned by two inexperienced spouses. Although a couple may agree on paper who gets the house, the car, even the toaster, they may find themselves back at the drawing board with regard to a myriad of other divorce issues.

A Denver Divorce Lawyer would be able to help you with the specifics the average person may not realize need to be part of the agreement for it to be cleared by the divorce judge. For example, when it comes to your children, just a handshake about what c hild support will be is not enough. Exactly what will the visitation schedule be, who will pay for the children’s medical care, and what will be each parties’ responsibility when it comes to ongoing educational costs? A judge would want to know, not just how much maintenance will be, but for how long. What happens if the spouse remarries? The list of specifics goes on and on.

The bad news is, if you try it yourself without a Denver Divorce Lawyer, and the judge sends you back to the drawing board, you will have just one more chance to get it right. After that you will have to start the whole divorce process over again. And that means waiting ANOTHER 90 days for the divorce to be finalized. That may be a long wait for two people hoping to move on as quickly and painlessly as possible. Hiring a Denver Divorce Lawyer may have ensured the transition for the entire family was handled as quickly and efficiently as possible.

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Three Costly Mistakes to Avoid When Hiring a Divorce Attorney

Did you know that when facing a divorce, one of the most important decisions you make is choosing which lawyer to hire?  Unfortunately, too many people make the wrong choice and the consequences can be disastrous.

Michael D Sherman has written an excellent article on this topic, and the following are summaries of three costly mistakes and ways that you can avoid them:

Mistake #1:  Hiring a generalist.  

Solution:  Hire a specialist.  Ask the prospective divorce attorney whether they specialize in family law. If at least 70 percent to 80 percent of their practice not focused on divorce and family law issues, you should go elsewhere.  You want to have a divorce attorney who has knows all the ins and outs… 

Mistake #2:  Hiring a lawyer that bills you by the hour.

Solution:  Seek out a lawyer who will represent you on a fixed fee (a.k.a. a flat fee) instead of billing you by the hour. 

Mistake #3:  Hiring a lawyer to represent you solely because they have a reputation of being the meanest lawyer in town. 

Solution:  Find a lawyer who is assertive when he needs to be, compromising when it benefits your long-term best interests, and always aware of the many different consequences his actions have on you and your family. 

Source:  ”Need a Divorce Lawyer? Avoid These Three Costly Mistakes in Hiring Your Divorce Attorney” by Michael D Sherman of the Alabama Family Law Blog.

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