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Attorneys generally charge either hourly or flat rates. It’s essential that you understand how your attorney charges their time so there are no unpleasant surprises down the road.
If there has been any history of violence or abuse, this should be discussed with both your attorney and law enforcement, if needed.
Calculating the costs associated with divorce proceedings – filing fees and attorney’s fees – will enable you to better plan and budget during this trying time.
At your consultation, your lawyer will require information about both of your financial situations – tax returns, bank accounts and any related paperwork such as mortgage documents will likely be needed. Furthermore, it would be a good idea to gather any details concerning any assets hidden away or suspicious activity which might come up.
Some lawyers offer what is referred to as unbundled legal services or limited-scope representation, in which you hire them only for specific tasks such as drafting a settlement agreement. This option may be more cost-effective than hiring an attorney on a full-scope representation basis; however, it’s vital that you communicate your honest goals and legal interests to your attorney from the outset.
Divorce discovery is a critical process that allows both sides to exchange relevant documents, such as credit card bills, tax returns, property deeds and any other pertinent financial documents. Divorce discovery also includes interrogatories – written questions under oath you must answer under penalty of perjury – witnesses’ and expert’s statements as well as interrogatories which require answering under oath; any noncompliance can result in contempt charges from a judge.
Discovery helps your lawyer prepare for settlement negotiations or trial. This stage often includes vocational expert evaluation and psychological assessments of both you and your spouse as well as property appraisals or valuation of assets that occur at this point in a case.
An experienced divorce lawyer is essential in reaching a fair agreement during negotiations for property division, spousal support and child maintenance payments.
At this stage, it is vitally important that you establish your priorities and what areas are open to negotiation. Furthermore, communication must take place openly between partners without deceitful behavior taking place on either side.
Lies about expenses constitute deception during negotiations and may lead to litigation and additional attorney fees. Breaking commitments frequently or changing minds without notice are also considered acts of bad faith that can only cause more frustration among parties involved and reduce cooperation, diminishing the outcome of negotiations. Finally, keeping emotions under control will facilitate progress throughout this process.
Divorcing spouses must agree on matters like property and debt division, living arrangements, custody arrangements for any minor children involved and spousal support arrangements through either collaborative or contested negotiations. Once these terms have been agreed upon they can be memorialized in a document known as a divorce settlement agreement; such documents have legal standing.
Those unable to reach an agreement outside of court may require litigation, which involves opening statements, witness testimonies, cross-examination, and closing arguments. An experienced lawyer can help clients prepare for litigation while protecting their interests during proceedings.
Divorce attorneys may assist their client with filing a settlement appeal if there are sufficient grounds, such as misapplication of law or evidence of fraudulent or coercive tactics.
Ultimately, if a settlement cannot be achieved through mediation or discovery processes, trial may be required to resolve remaining issues related to property division, child custody and spousal support. A good divorce lawyer always prepares their cases for trial as part of an overall strategy while working toward reaching fair agreements for their clients.
At trial, both parties present evidence through witnesses. The person who filed for divorce typically presents his/her first witness under what’s known as direct examination and questions them under direct. Meanwhile, cross-examination and sometimes re-direct allow opposing parties to pose additional questions to those appearing before them.
Expert testimony may be required depending on the complexity and content of a case, which can add time and costs for both sides involved.