Family Divorce Attorney

From LoveToKnow Divorce

If you’ve decided a divorce is the solution to your marital problems, you’ll want to hire a family divorce attorney.

Family Divorce Attorney
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What is Family Law?

Family law is an area of legal expertise that encompasses the following scenarios:

  • Child custody and/or visitation
  • Child support
  • Divorce
  • Prenuptial agreements
  • Same sex marriages
  • Living together without marriage
  • Adoption
  • Legal separation
  • Paternity
  • Father’s rights

Technically, any lawyer can help you file for divorce. However, if you are getting divorced and have minor children from your marriage, it’s important to select an attorney with experience in family law. A lawyer who specializes in bankruptcy cases or personal injury suits does not have the knowledge needed to help you get a fair settlement.

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Finding a Family Divorce Attorney

If you’re in the process of getting divorced, allow plenty of time to choose the attorney that’s right for you. Ask for referrals from friends, family, and acquaintances who have recently been divorced. If you don’t know anyone who can provide advice, you can use online resources such as the Lawyers.com website to compile a list of attorneys in your area.

Most family divorce attorneys will provide a free initial consultation to discuss your case. This is a good time to bring up your concerns relating to custody, alimony, visitation, child support, and other key issues of your divorce. You should also get answers to the following questions:

  • How long do you expect my divorce to take?
  • What happens during a typical divorce proceeding?
  • How do you figure your fees?
  • What types of costs will I be responsible for?
  • Have you ever faced my spouse’s attorney in court before? If so, what was the outcome?
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What if I Can’t Afford a Divorce Lawyer?

It’s not uncommon for people who wish to get divorced to be concerned about expensive legal fees. For people with low to moderate incomes, divorce can often seem prohibitively expensive. But, you don’t need to forgo adequate legal representation. Help is available from the following resources:

  • Federally funded programs: Check your local phone directory for legal aid resources.
  • State programs: The American Bar Association has compiled a list of independent projects that provide low cost legal assistance to people in need.
  • Pro bono programs: Many family divorce attorneys will provide free assistance to victims of domestic violence.
  • Self-help clinics: If you want to attempt a do it yourself divorce, some state and local bar associations offer self-help clinics where you can get help with forms or answers to basic legal questions.

If none of the above options will work for your situation, see if you can find a lawyer who will agree to "unbundle the services." In this arrangement, the family divorce attorney does not provide full legal representation. He/she agrees to do one of the following:

  • Consult with you to review or prepare your divorce paperwork
  • Provide advice on law, procedures, and strategy
  • Make a court appearance on your behalf after you’ve prepared the initial paperwork
  • Act as “standby” council in case your divorce becomes more complicated than you expected
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Comments

Marina,

I would suggest you contact the local legal aid office to see if you qualify for their services. If not, many lawyers will be able to work out some kind of payment arrangement so you don't need to pay for the full cost of representation up front.

You are under a tremendous amount of stress right now, and it's not a good idea to make decisions when you are upset and don't have access to all the facts necessary to make good choices. Take a few deep breaths and start making calls to find someone who can represent you. There may be a community legal clinic that can help.

With your recent experiences, it wouldn't be out of line for you to contact the local organization that provides assistance for abused women for help. Workers there should be able to put you in contact with resources that can help.

Jodee Redmond LoveToKnow Editor

-- Contributed by: JCRedmond

Hi, my name is Marina. I am in the middle of a divorce with my husband but things are not looking well for me. I have a 22 month old son that he has taken from me and I only get to see on Saturdays. He has everything that I own and as of right now I won't get anything back. I do not have an attorney and cannot afford to pay for one all up front. I’m afraid that I am not going to get my son back or my things. I am currently 26 weeks pregnant with my husband’s daughter and am afraid of losing her because of everything that my husband is putting me through. I don't know what to do. I am about to just give up and let him have everything if that is what it takes to keep him from making me have a miscarriage. Can someone help me?

~Marina

-- Contributed by: Marina

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