Choosing a Lawyer
Choosing a lawyer is an important decision and finding the right lawyer for you can make a huge difference on the outcome of your divorce and your emotional wellbeing. It is critical to find a lawyer that you trust, feel comfortable with and listens to your needs.
Tips on choosing a lawyer:
1. Ask Friends and Family
With 42% of marriages in Australia ending in divorce everyone knows a divorced couple or two! So begin by asking for referrals and information from family, friends and co-workers.
2. Understand what's Involved
To non legal minds the idea of legal processes and procedures can seem very daunting, the more information you have the less scary it will feel. Knowing how the divorce process works and the basic things you need to consider will help you to feel more in control and comfortable.
It is useful to work out how long the whole case is likely to take, what you will need to do to prepare and what you want to get out of it.
3. Get a Free Consultation
Before selecting a lawyer, obtain a free consultation so you can assess whether you and the lawyer are a good fit. This is the time to discuss what you hope to gain from the divorce. For example, will there be an equal division of assets and property? Do you want the children to live primarily with you?
Ask your lawyer for an honest evaluation of your situation - it is better to be realistic and not set up impossible expectations that will just drag out the process.
4. Experience
Experience matters, choose a lawyer that is a specialist in family law and if possible one that has the best experience to manage your specific case. Most family law cases settle out of court, however sometimes it is impossible to avoid this.
If your case is complex and you think it may end up in court you will need a lawyer that is equally comfortable in settlement negotiations and the court room. Ask your lawyer what training and experience he or she has had in family law negotiations, mediation, and collaborative law. Ask your lawyer if he or she has the experience to handle your case in court, should attempts at settlement fail.
5. Ask Yourself: "Do I Like This Lawyer?"
it's really important that your able to get along with your lawyer and that you trust them. The initial interview is as much about deciding if you can have a working relationship with your attorney as it is finding out about how the law applies to your case.
6. Don't Be Scared To Ask About Costs
You should be able to get a very good idea of the cost of your case from your lawyer. Ask if there is an option for a flat fee so you will know what the case will cost you. Find out when and how much money they will require throughout the process.
7. Be Prepared
To make the most out of your first meeting with your lawyer you should take with you detailed information about the following items:
- Marriage: date, place.
- Full name, date of birth and address of you, your partner and any children
- House value
- Mortgage details
- Any investments
- Savings
- Superannuation
- Life insurance policies
- Debts
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