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May 2015 Archives

How to pick a divorce attorney

1. Referral from a friend or colleague.
Getting a referral from a friend or acquaintance is probably the best way to find a divorce attorney. If a person has used a particular attorney, and has had a positive experience, that will give you confidence that you will have a good experience with that attorney as well.
2. Experience and Board Certification.
One very important thing to find out about an attorney that you are thinking about hiring is how much experience does this attorney have in the area of divorce? An experienced divorce attorney will be able to guide you through the divorce process better than one that does not have much experience with divorce cases. One way to ensure that the attorney has experience, is to choose an Attorney that is Board Certified in the area of Family Law. If the attorney is Board Certified, that means that he/she is dedicated to having the skill set to help you through your divorce.
3. Personality.
One very important question to answer when choosing a divorce lawyer is: Do I like this lawyer? You are about to embark on one of the most difficult and heart breaking journeys in your life. There are times where you'll become frustrated with the process. It is important for you to choose an attorney who you trust and with whom you feel comfortable.
4. Realistic prediction of the outcome of your case.
Be very suspicious of an attorney that tells you that she can get you whatever you want. You need an attorney that is going to tell you the truth about the possible outcomes. It is important that you find an attorney who will be honest with you about likely outcomes for your case. 

Should I Hire a Lawyer for My Divorce?

YES. Here are five reasons to hire a lawyer to represent you, when you file for divorce:
1. You didn't go to law school.
A lawyer had to attend law school for three years after college to learn how to practice law. After law school, the lawyer has to pass the Bar Exam in order to be able to practice law. You may think that your case is simple and that you can do it yourself. But there are many rules and laws that you couldn't possible know that a lawyer can help you with.
2. There are not "do overs" if you make a mistake.
If you find out later that your property division wasn't as fair as you thought that it was, nobody can fix your mistake, not even a lawyer. You cannot change or modify a property division in a divorce that is final. A decision to do your own divorce can be very costly, much more costly than hiring an attorney.
3. The Final Decree of Divorce that you drafted might not be enforceable.
If you don't draft the language correctly in your Decree, your agreements may be meaningless because you would never be able enforce the Decree in court. So, for example, if your ex spouse doesn't abide by the decree, you could never go to court and force him/her to comply with the agreements in the Decree.
4. Neither the Court staff nor the Judge cannot help you, if you have questions about the law or procedure.
Don't think that you can go to the District Clerk's Office to ask questions about the law and how to get a divorce in Texas. Only a lawyer can give you legal advice. If you go to court with the documents that you drafted yourself, and the Judge determines that your documents are incorrect, all the Judge can do is tell you to fix the documents and ask you to come back. The Judge cannot tell you what is missing or what is wrong with your Final Decree of Divorce. That would be giving legal advice, which the Judge cannot do.
5. Divorce is a difficult time. You may not be thinking clearly.
When you have made the decision to file for divorce, you are most probably very emotional. You may not be able to make reasonable decisions regarding your life. Having a divorce lawyer in your corner to guide you during this difficult time is invaluable. The divorce lawyer is not blinded by anger or emotion and will be able to guide you in making rational decisions regarding the outcome of your case. 

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