INDUSTRY INSIGHT
FAMILY LAW
DIVORCE:
PROTECT YOURSELF AND
YOUR CHILDREN – Part 1
I
will be writing a series of articles for this publication to discuss
some issues that are in the forefront of the minds of people who are
considering or in the throes of a divorce. The first step is finding the
right lawyer and a question you may ask yourself is “Do I even need a
lawyer?”
The answer is always “Yes”, if you can afford one. A lawyer is your
Advisor and has the experience you do not, and as your Advocate,
shall provide you with balanced, non-emotional recommendations
to meet your best interests, and those of your children. You should
absolutely schedule an initial consultation.
Some lawyers, myself included, provide initial consultations
for free. You need to discuss your options and your rights and
responsibilities immediately, with a trained and experienced
professional. However, rather than just calling a family friend who
happens to be a lawyer or finding someone online, you must contact
an attorney who specializes in divorce and family law.
The Constitution of the United States gives States the power to
regulate issues relating to the family. Therefore the rules in every
state can be different. Only a trained family law attorney can properly
recognize the nuances of your case, and ensure you have the optimal
representation – which is a balance of due diligence and costs.
The attorney you select should be there to protect your interests
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throughout, what may be a long, arduous,
complicated and emotional ordeal. The
length of resolution is usually outside
the control of you or your attorney. Your
attorney must know the intricacies of the
law regarding divorce in your state.
The relationship you share with your attorney is “legally privileged.”
Your attorney owes you certain duties including the duty of
confidentiality. There is a legal term for this called the “attorneyclient privilege.” With that being said, you should never lie under any
circumstance. Attorneys take the duty of confidentiality seriously,
and are held by the Courts to a high ethical standard. They must
maintain your information in confidence. In order for them to best
represent, advise and advocate, you need to be completely honest
with your lawyer and understand that the information you give will
not be made public. There are exceptions for this privilege in some
very limited circumstances (such as criminal behavior where a crime is
about to be committed or a child has been abused).
An initial consultation is the first discussion you have with your
lawyer about the facts of the case. You must be honest with your
lawyer so she or he can properly represent you and advise you.
Nothing is worse than having some of your deep dark secrets
mentioned for the first time before a Judge by the other side’s lawyer.
Remember, while this process may be new to you, your lawyer has
heard just about every possible reason for divorce, as well as all the
bad behaviors of spouses.
Your initial consultation is your first opportunity to size up your
prospective attorney. Some questions you should ask yourself to
determine whether this lawyer is right for you are:
1) Does this lawyer listen or just FƲ