Divorce Differently |
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Sometimes, couples just want a friendly divorce. There are no shouting matches, no affairs, no bombshells. The couple has decided that they no longer want to be married and they want to divorce and divide their assets amicably.
If you’re in that camp, the positive news is that your divorce shouldn’t cost as much as a contested divorce. If you are both amicable but haven’t yet decided on custody schedules, assets and the like, a collaborative divorce is a great option for you. Collaborative divorce attorneys are specifically trained in the collaborative process. We keep couples out of court and work with both sides to resolve all matters pertaining to the divorce. The collaborative process is highly effective and has increased in popularity in recent years. In the alternative, if you’ve both already agreed upon all aspects of your divorce, you may only need an attorney to write up the agreement for you. If you’re in this position right now, here are a few things to keep in mind. Not All Attorneys Offer this Service When you’re calling a law office, tell them you and your spouse have already agreed on the terms of your divorce and you need an attorney to draft the agreement as a scrivener. Ask if they provide that service. Some attorneys do not. While this service is straightforward, it may not be as comprehensive as you need, as the scrivener attorney cannot give you independent legal advice. You're Not Legally Divorced Yet Even though you’ve figured everything out amicably, someone still has to initiate the divorce proceeding with the court and file the appropriate legal paperwork. It’s not adversarial. It just has to be done in order for you to be legally divorced. You will either have to do that part yourself or pay an attorney to file and finalize the paperwork for you. Divorce Takes Time Drafting up a legal agreement may be the easiest and quickest part of the process for you and your spouse. If you agree on everything, you don’t waste time. However, your state may still have a mandatory waiting period before you can get legally divorced. In North Carolina, you must be physically separated for a full year before you can file an action for divorce. Legal Advice If your attorney drafts a Separation Agreement for you and your spouse, the attorney is acting as a scrivener. He or she is incorporating the terms upon which you’ve already agreed into a binding legal document. If you have certain questions about the terms or someone has a change of heart, that attorney will not be able to give you legal advice. You’ll have to consult with and/or hire a different attorney in order to receive independent legal advice. Cost The total cost will depend upon a few factors; namely: the attorney’s hourly rate, how long it takes him or her to draft the agreement, and the communication (included requested edits) between you and the attorney. But, generally speaking, this service should cost significantly less than a traditional lawsuit. A Consultation is a Good Idea Every case is different and there may be nuances in your case that require more than just a Separation Agreement. Schedule a consultation so that you’ll know whether you indeed just need an attorney to draft the agreement or if you’ll need more. A consultation will also give you a better handle on the potential cost involved. At Dasher Law, our mission statement is “Divorce Differently.” We want to help keep you out of court and give you the opportunity to move on to the next new chapter of your life. If you’re ready to divorce differently, call us to set up a consultation. We’d love to help. How do I find the right attorney?
I’ve been practicing family law for more than a decade and from this side of the table, it’s an easier question to answer. But, from a potential client’s perspective, the answer can be more elusive. I’ve worked with dozens of attorneys over the years, first when litigating family court cases and now exclusively in collaborative law. From years of interacting closely with my colleagues day in and day out, I consider many of them to be great attorneys. But how does a potential client know who’s good – especially if they’ve never dealt with divorce or the courts before? What exactly is “good?” Good can mean competent. All practicing attorneys should be competent. We all went to law school (which is rigorous, to say the least) and we’ve all passed at least one Bar Exam. But competent doesn’t necessarily mean exceptional or outstanding. Maybe you think a good attorney is an aggressive one. Conversely, you can find a highly skilled and experienced attorney whose style and approach does not align with your values. The real question is: how can you tell if an attorney is good for you? Here are my best tips: Ask Around in Your Trusted Circles I practice collaborative divorce, which essentially means I help keep couples amicable and out of court, so I’ll stick with advice about divorce attorneys. Chances are, you know family or friends who are divorced. You can start by asking them about their attorneys. Ask how their divorce process went and look at the outcome of their situations. If it sounds favorable to you, you may want to take their recommendations. You may also find that your friend has a friend who’s divorced, and they were happy with their attorney. Ask around and then do a basic internet search on that attorney to get as much information as possible. Knowledge is power. Look for Specialties or Professional Associations You have some options when it comes to divorce. If you and your ex are on good terms and you’re willing to divorce amicably, you will want to find an attorney who practices collaborative divorce law. We are specifically trained in this process. Look for an attorney who is trained in collaborative divorce or who has a depth of experience in alternative dispute resolution. Your city or state will likely have a professional association where you can find attorneys and resources online. Our attorney is a member of the Charlotte Collaborative Divorce Professionals Group in North Carolina and the South Carolina Family Solutions Group in South Carolina. If you prefer to litigate your case, you might look for someone who is a seasoned litigator. Some attorneys are board-certified specialists in family law. If you need someone with specialized training, you can find it. Otherwise, there are likely plenty of experienced family law attorneys in your area. Check the Reviews Reviews can be extremely helpful but…not all reviews are created equal! Unfortunately, almost anyone can post anything online – even if they’ve never consulted with or employed the attorney they’re reviewing. But a solid track record of good, detailed reviews from former clients is a good sign. If possible, take the time to read the reviews to make sure that the way the attorney advises, practices, etc. is in line with your goals. I find Avvo.com to have more reliable ratings because of their stricter review guidelines. Reading reviews is a good start, but don’t let your research end there. Consult With Your Candidate(s) Nothing replaces meeting with an attorney face-to-face to get a feel for his or her demeanor, knowledge base, and approach to divorce. A consultation is a good way to see if you like the attorney. If you’ve whittled your list down to a good candidate, call his or her office and go in for a consultation. That meeting may be the confirmation you need to hire that attorney and move forward with your divorce. Remember That There Are No “Winners” in Divorce When I litigated cases, potential clients would sometimes ask how many cases I’d “won.” I can see why they wanted to know. Court is an adversarial process and if you’re fighting, you want to win. But after litigating cases and now actively staying out of court for years, I can tell you that no one ever wins in divorce. Divorce starts with a loss. Even if a judge rules in your favor on one particular point, you’ve likely lost a lot along the way to get to that ruling. Remember that “winning” means different things to different people. If you’re curious about your attorney’s track record, ask. If you already know the judge assigned to your case, ask the attorney how they’ve faired in front of that judge in the past. If you’re looking for a divorce attorney, I hope these tips will help you find the right one. If you want to divorce differently, I’m here to help. I’ve been practicing collaborative divorce law and have successfully kept couples out of the courtroom for many years. A peaceful divorce is possible. Call us to set up a consultation. We’d love to help. If you’ve decided on divorce, chances are you’re already doing your research to find an attorney. If you’re ready to book your first consultation, you’re taking an important first step in getting your case resolved. I want to give you some of my best tips for getting the most out of your consultation so that you don’t walk away with more questions than answers.
Friend or Foe? How do you want to resolve your case? Are you looking forward to taking your ex to court – or are you willing to resolve things as amicably as possible? Your answer will help you book your consultation with the appropriate attorney. I practice collaborative divorce, which means both sides commit to resolving all their divorce issues out of court. It is generally more cost-effective than traditional litigation and helps leave families emotionally and financially more intact. I say this because if you are looking to resolve things peaceably, you probably don’t want to consult with an avid litigator. Likewise, if you know you’ll need to go to court, a collaborative divorce attorney may not be the best fit. Decide which approach you want and go from there. Cost Attorneys generally charge for a consultation, so know that ahead of time. You may need to save some money or plan for that cost in your budget. Consultations are usually an hour and can cost in the $300 range, but they could be more, they could be less. It will always depend on the individual attorney. Time Flies Clients book consultations for a variety of reasons. You may be contemplating divorce and want to know what your options are. You may already be in the divorce process and need an attorney to proceed. Whatever the reason, just know that an hour consultation can fly by. You’re paying hard-earned money. Don’t waste it. Keep the following in mind:
Have a list of questions – whatever they are. Writing them down will help keep you on track. If you’re not sure what specific questions to ask, ask the attorney about all your available options in your situation. It’s OK to Get Help Even in the collaborative process, divorce can be painful. Some of my best clients have been those who have sought counseling before seeking out an attorney. It’s not a must – but processing your emotions before your consultation may help you focus on the task at hand. You don’t want to pay an attorney solely to be your sounding board. You need legal advice for your divorce, a game plan, a way forward. You don’t want you to walk away from your consultation empty handed. How Do I Know if It Went Well? You should leave your consultation with a general idea of your options. You may not be able to address every detail of your divorce in one hour. But an attorney can explain your most pressing issues and talk about what to do going forward. If you need a second consultation, that’s ok. Some clients do that when more questions come up or circumstances change. If your consulting attorney addresses your questions, you feel satisfied with the advice you’re given, and you feel you’re a good match, then the consultation is a success. Our practice deals exclusively with collaborative divorces. We have successfully kept couples out of court for years. It’s not traditional litigation. It’s different. That’s why our mission statement here is “Divorce Differently.” If you’re ready to divorce differently, call us and set up a consultation. We’d love to help. If you’ve recently found out that your spouse has spent all the money, or that there’s “someone else,” let me first say: I know this is likely a very painful time for you. If you’ve decided to pursue a separation, you are not alone. Financial misconduct and adultery are two of the most common causes of a breakdown of a marriage. It may seem like a contradiction, but I’ve helped many couples resolve their divorces outside of court when adultery or bad behavior was involved. You may be asking:
If my spouse did me wrong, shouldn’t I take them to court to make sure I get a fair deal? One of my most oft-repeated phrases in meetings with my clients is that there is no such thing as “fair” in divorce. I know that to be true based upon my years of training and experience in both traditional divorce litigation and collaborative divorce. Suit or Settle? Traditional litigation involves filing a lawsuit filled with allegations, going to court, gathering evidence, taking the witness stand, and so forth. Collaborative divorce is different. It’s a completely voluntary process where the attorneys and spouses work together as a team to separate assets and reach a resolution on difficult issues like parenting time, child support, alimony, and the like. Work together? A team? It may sound improbable. But it works. If you commit to a collaborative divorce, it’s not just a promise to play nice. The collaborative process requires a legally binding contract requiring both sides to be transparent and act in good faith to resolve all pertinent issues. That contract helps keep you focused on the end goal: resolution. The Money Factor You or your spouse may be resistant to the idea of collaborative divorce. I understand. However, a court battle will most likely be emotionally and financially devastating. Litigating your divorce also places the outcome in someone else’s hands. A judge will take different factors into account when deciding what assets are left, who will get them, and how much time each parent will spend with their children. That kind of a resolution may be difficult to accept. However, if you and your spouse can both work together for a greater good, the divorce will be in your hands. You both can decide what’s best for your family going forward – and doing so collaboratively is generally more cost-effective than litigation. This financial component is what gives many of my clients the incentive to resolve their divorces outside of the courtroom. Private Details When adultery is involved, divorce can get ugly. In North Carolina, spouses can and do sue the “other” man or woman. Keeping your divorce out of court can protect both spouses from the pain and humiliation of spelling out all the details at trial. In my experience, working collaboratively can help both spouses transition into separation and divorce more peaceably and privately. I’ve represented spouses in contested litigation for years and now help couples stay out of court entirely – often when there is marital misconduct involved. I can tell you that collaborative divorce is possible and worth considering, even in these difficult circumstances. Collaborative divorce attorneys like me are specifically trained in the collaborative process. I’ve been practicing exclusively in this area for several years now and I can tell you that it’s an ideal fit for many families. If you’re ready to divorce differently, call us and set up a consultation. We’d love to help. |
AuthorLindsey Dasher is the Managing Partner at Dasher Law PLLC Archives
May 2024
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