With the cost of divorce so expensive, it is natural to wonder if it's even worth hiring a divorce lawyer and what exactly are the benefits of having a lawyer.
Some of the most common benefits associated with hiring a proven divorce attorney include:. Can help to draft and review child custody agreements, parental agreements, and divorce settlements. It is recommended for those going through a contested divorce or even an uncontested divorce to hire an experienced family law attorney. While the importance of doing so shouldn't be understated, it is equally as important to choose a divorce lawyer that is the best fit for your specific needs.
Learn more below about the steps to follow when choosing the right attorney below. Conduct Your Research: Pay attention to online reviews search engines, attorney review sites, social media, etc. Keep Your Options Open: It is recommended that you interview at least two to three potential family law lawyers before making your final choice. Ask the Right Questions: Be sure to ask your attorney about their fee structure, courtroom experience, if they have worked on similar divorce cases in the past, and the outcomes of those cases.
Price is Not Everything: Though divorce costs can be substantial, you should make your final decision on an attorney based on many factors, not just price. Not everyone can afford the cost of a divorce lawyer. If you do not believe that you can afford the costs of legal representation, there may be options for you.
In some cases, you may have your legal fees paid by your spouse. Additionally, some states have programs and non-profit organizations that offer free or steeply discounted legal aid programs. If you are unsure of your ability to pay for a family law lawyer, it may be in your best interest to schedule a free consultation and discuss potential alternative payment methods with an attorney before you make decisions about beginning a divorce process on your own.
For the most part, each spouse pays their legal fees. However, there are potential exceptions to this. Your spouse may be required to pay for your attorneys under certain conditions such as:.
If you are in a situation where you cannot afford an attorney, but your spouse can, it is best to discuss the implications of this with a divorce lawyer during your initial free consultation. On average, uncontested divorces are far less costly than contested divorces. Couples that can agree on the parameters of child custody, spousal support, child support, alimony, property division, etc. Nonetheless, the overall costs can still be expensive.
Rates this high can be expected in states and cities with a higher cost of living. It can take months or in some cases more than a year for a divorce case to conclude. Factors that have the largest influence on the amount of time it takes for your divorce case to be final involve the type of divorce contested or uncontested , how complex your divorce is, child custody support issues, and whether or not there remain disputes that cannot be resolved before going to court.
As you can imagine, the longer your divorce takes, the more likely you are to pay higher legal fees. In case you are wondering, there are ways to save thousands of dollars on the cost of a divorce lawyer. Learn more in the next section.
Divorce cases are notoriously expensive. You can appeal twice. First to the Court of Appeal and secondly the final appeal to the Federal Court. Before you qualify for legal aid, you have to take an online test to determine if your financial capabilities fall within the necessary boundary.
The second test assesses the merits of your case. For joint divorce petition, either party pays for the whole legal fee or both parties share the legal fee. For single divorce petition, each party has to pay the legal fee.
Generally, the husband has the legal obligation to maintain his ex-wife. The court shall base its assessment on the means and needs of the parties and shall consider the degree of responsibility to each party for the breakdown of the marriage. You can do so any time. You do not need to wait for the divorce proceeding to commence, unlike maintenance claim. Usually the mother will be given the custody of the young child. The Court would not necessarily divide the assets equally, but would usually divide the assets based on the circumstances of the case and would consider the following factors The Court will strive to make a fair and equitable division of the assets or the proceeds of the sale of these assets.
The Court will consider the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home, caring for the family and the children. However, the party by whose efforts the assets were acquired shall receive a greater proportion.
I want a divorce but I dislike all the publicity in a divorce. What can I do? Get a service of a lawyer who will advise you to apply for a mediation settlement. This is the best option because mediation is confidential, avoiding all the adverse publicity involved in single divorce petition. The lawyer, as the mediator, is the neutral third party who can facilitate communication and decision-making to resolve your family conflicts in a co-operative manner. It is cheaper because it is less time consuming and less paperwork is involved.
The marriage is considered voidable if the marriage has not been consummated due to the incapability or refusal of the spouse or if the spouse suffers from a mental illness or infectious venereal disease. Note: This article does not constitute legal advice to any specific case. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation. Email Address. We tried reconciliation several times but we failed miserably.
It did not work out. Finally both of us decided to get a divorce. As we expected, there was no complication as we have no children. The lawyers at The Divorce Lawyer Malaysia were very reliable and showed great teamwork. Our divorce proceedings went smoothly and quickly.
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