Family law has evolved considerably over the last 30 years, particularly with respect to adoption and shared custody, but also to the issue of the separation of divorce. These topics have become far too complex for a lawyer who does not handle these cases regularly.
In a divorce case, it is important therefore vital not to choose the first known lawyer. Here are some tips for choosing the right lawyer.
The intervention of a lawyer is mandatory for the divorce proceedings
First of all, before the Family Court Judge of the High Court, only the lawyer is entitled to represent the spouses for the conduct of the divorce or separation proceedings .
The intervention of a lawyer is necessary for any divorce proceedings. Whether to represent the spouses before the Family Court Judge, or to establish and countersign the divorce agreement by mutual consent.
Moreover, if you find yourself in the context of an extra-judicial procedure for divorce by mutual consent by private signature signed by lawyers, the lawyer is responsible for drawing up the agreement, countersigning it, and then transmitting it to the notary who will deposit it at the level of his minutes.
Your lawyer will also be responsible for ensuring the consent of the spouses, their full understanding, the balance and the legality of the agreement. The convention must lie down in particular:
- the future of the marital home;
- the fixing of the homes of each and of the children;
- the sharing of parental authority over children, the amount of their alimony;
- the organization of the right of access and of lodging for that of the parents with whom the children will not have their residence;
- Sharing of furniture and buildings, etc.
Note that it is often very useful to use family mediation before and during the procedure to find common ground.
Nevertheless, it is not always easy to find a good divorce lawyer long island. Here are some tips to make your process easier.
Some tips for choosing a lawyer specializing in family law and divorce
Tip 1 – Choose a lawyer specializing in family law , and more specifically in divorce and matrimonial matters: a lawyer cannot know exactly all the laws.
Likewise, avoid choosing a lawyer who is your friend. This is not always the best solution. Then remember that the legal matter is huge and not all lawyers can handle all cases. A good lawyer is a minimal lawyer specialized in the type of business that concerns you.
Tip 2 – The lawyer must be available, that is to say reachable at any time. He must inform you as and when the procedure of divorce.
Tip 3 – The lawyer must listen to his client. Pay attention to this during the first appointment with the lawyer.
Tip 4 – The lawyer must be a pedagogue and able to clearly explain the content of the applicable texts and the stakes of your case.
If you do not understand what your lawyer tells you, or he does not take the trouble to explain things to you, run away!
How a lawyer sets his fees
The fees are set freely by the lawyers. However, they must sign with you a fee agreement that details the fees that will be charged.
The law now protects you and requires lawyers to enter into a fee agreement with their client. This is a contract that gives an estimate of the fees you will have to pay.
Finally, note that these fees can be negotiated so if the fees seem too high, do not hesitate to consult another lawyer.