Tuesday, May 20, 2008

Issues-to-consider-when-choosing-a-divorce-lawyer

By: James Walsh

It is true that a ‘DIY’ divorce is less costly. But for those who fear a vindictive spouse or are actively fighting it out, or there are other complications involved, there is still the need to go to a good old-fashioned human being called the lawyer and the internet will not help. So the first question is obviously who needs to go to a lawyer and under what circumstance? The next question would be who makes a good divorce lawyer, and what the criteria are for that.

When is a Lawyer Needed?

The people who need lawyers are not only celebrities, starlets and millionaires. Apart from rock stars, football players and media tycoons, there are a lot of perfectly ‘normal’ ‘next door’ people who go to the divorce lawyer in the UK. In fact, they may not be fighting madly or trying to stalk each other either. There are many who avoid the lawyer at the time of the divorce, to realize later in life that they have to face problems everyday or spend more money to recover from the mess they have gotten themselves into by not putting in that proverbial stitch in time with professional help.

The most common reason for approaching a lawyer has always been mutual disagreement. In the first place, the divorce is happening at all because two people could not find enough common ground to stick together in a relation where they were supposed to share their body, heart and soul. It is good enough if the decision to part is at least the only thing they can agree upon at that time.


The next greatest reason is, as we all know, property. People fight over money, even when at the cost of spending out of their pockets, to hold on to their assets. A lawyer is needed to resolve sticky property and monetary issues irrespective of the amounts involved.


Custody battles over children have always driven angry parents to the lawyer’s office. Finding a resolution, in or out of court, as the case may require, remains a difficult job even for professionals.


There are those who may need help due to their difficult situation. This includes same gender or cohabiting couples, those with complicated inheritance issues, those with children out of wedlock or from a previous relation, and relations where more than two people are involved. Since human nature is strange and can’t be averaged, the combinations of problems are also endless.


How Do You Know a Lawyer is Good?

These are some general points that one may keep in mind; the rest is plain common sense.

Make sure that the lawyer is a family law specialist. You ideally shouldn’t experiment with the reputed corporate law firm which has plans for a new branch on family law, just because they happen to be big. It’s the lawyer who counts, not just the name.


On the contrary, trusting a reputed firm is almost always safe. Experience is of essence here, and mistakes or ignorance will not help you at court.


Check the licence of both the firm and the lawyer. There is no shame in being straightforward about this because you are going to pay for it. Thanks to the internet now, finding reliable directories of law firms is not such a trouble. By all means, see if they are accredited by the Law Society, and what their position or ranking is in more than one directory.


Intensive knowledge is a necessity of the day, not a wide survey. The lawyer should have had prior experience of handling similar cases with positive results. Please check the track record of your lawyer and if he isn’t the all-round loser, he has nothing to hide. On the other hand, remember that no one is super human, and there would be a few cases where they could not win despite their best efforts.


Does the lawyer listen to you? If he or she is too busy to take your call or if the secretary is the one who answers always, it may not be such a great idea. If you are in trouble, and the lawyer is absent, you can’t wait till your spouse starts stalking you or runs away with your child.

Article Source: http://www.acmearticles.com


James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed divorce see www.managed-divorce.co.uk

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