A Scheidungsanwalt helps clients through a difficult and emotionally charged process. Divorce proceedings can be complex, involving issues such as alimony, property division and child custody.
Choosing the right attorney can make all the difference in how a divorce case is handled. The best attorneys will have the following qualities.
Professionalism
A divorce lawyer helps with the legal and financial aspects of terminating a marriage. They review the spouses’ finances, determining assets and debts, as well as set alimony, child custody and support terms. They also file completed divorce contracts and represent their clients during contested divorce proceedings.
It is important to hire a divorce attorney who can provide insight and answer questions in a timely manner. It is unlikely that you will be a divorce lawyer’s only client, so it is best to find one who can manage their workload and give you the attention you need.
Look for an NYC divorce attorney who is open to negotiating through mediation or alternative dispute resolution methods such as collaborative law. An experienced lawyer will be able to help you reach an agreement on issues such as financial support, child or spousal custody and property division without the need for a lengthy court battle. This will save you time, money and the stress of a long, drawn-out divorce proceeding.
Experience
While it is possible to divorce on your own without legal counsel, hiring a reputable attorney in NYC can help alleviate stress and add an extra layer of security. A lawyer can review the case details, handle administrative obligations, and explore alternative dispute resolution options like mediation.
Divorce proceedings are emotionally and financially fraught, and the decisions made in court or out of court can have lasting consequences on a person’s life. The ideal attorney is able to understand these complexities and remain levelheaded when discussing them with clients.
Divorce attorneys must also be able to communicate effectively with their clients, guiding them through each stage of the process and answering questions in a timely manner. A client may want to contact their attorney outside of scheduled appointments, and it is important that the attorney can accommodate this request without adding to their already-full case load. Ideally, the attorney will be available via phone or email.
Reputation
Whether your divorce is simple or complex, you need an attorney with the right reputation. You do not want to work with someone who is difficult to communicate with, is unresponsive, or has a poor track record of handling divorce cases.
Reach out to trusted friends and family for recommendations. Chances are, they have gone through a divorce and can share their experiences. Additionally, professional referrals (like those from accountants and financial planners) can also be helpful.
After identifying potential divorce attorneys, interview them. While some offer free consultations, it is worth investing in a paid meeting to learn more about how they will handle your case. During the consultation, ask about their experience and knowledge of your type of divorce, their approach to divorce cases, and their fees. In addition, check if they specialize in divorce and family law or are a “jack-of-all-trades” that handles different types of legal matters. Additionally, pay attention to any biases or stereotypes that they may convey during the consultation.
Fees
A divorce is a major financial event for most individuals, especially if children are involved. The cost of the attorney can add up quickly, particularly if the case requires extensive litigation and the services of other professionals like psychotherapists or financial specialists.
Divorce attorneys typically charge either an hourly rate or a flat fee. The former is common and involves billing based on the lawyer’s rate per hour plus any additional fees for time spent, such as researching or appearing in court. The latter is less common but more predictable in that it provides a fixed amount for the lawyer to handle your entire case from start to finish.
During a divorce, you may be able to petition the court to have your spouse pay for your legal fees. The court does not make this determination lightly, however, and considers several factors to determine if fees should be shifted between the two parties. These include the disparity in income between you and your spouse, the nature of the assets to be divided and whether one spouse acted unreasonably during the divorce proceedings.
