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There are several types of divorce, so be sure you lawyer is skilled in all areas that pertain to Divorce, including: At Fault Divorce, No Fault Divorce, Uncontested Divorce, Simplified Divorce, Limited Divorce, Legal Separation, and Annulments.
If you are filing for divorce, find a lawyer that specializes in all facets of divorce law. Since a lawyer may specialize in different areas of law, when looking for a divorce lawyer, be sure your lawyer is knowledgeable in all areas of divorce law, including: collaborative divorce, contested divorce, credit and debit issues, custody of children (including child support issues), divorce mediation, family support, filling for divorce, family support issues, marital property division, prenuptial agreements, and perhaps, most important, divorce laws in New York State or the state in which you reside.
If you are not sure you want to get a divorce, perhaps you should be looking for a lawyer that has experience in divorce mediation? Find a lawyer specializing in divorce mediation in Westchester County, New York. Or, find a mediator that specializes in divorce mediation. Mediation attempts to work on the marriage and avoid the difficult prospect of "getting a divorce".
Many reasons can account for the problems in a marriage. Most couples attempt to keep their marriage together, especially if children are involved. However, in many cases, the problems are irreconcilable and the marriage ends in divorce.
Since a divorce is final and thereby, ends the marital union of two people, before getting a divorce, you and your spouse may opt for a Legal Separation . A divorce lawyer can help you with the legalities of a Legal Separation instead of the finality of a divorce. This may give you both time to reconcile and work out your problems - apart from one another. This also gives you time to work out the financial side of a divorce. Property, custody, debt, alimony or child support, and a host of other details may be tackled and worked out during a Legal Separation. Find a divorce lawyer from our Directory of Divorce Attorneys .
Legal issues such as the disbursement of assets accumulated during the marriage can be addressed in both a Legal Separation and a divorce. Assets accumulated before the marriage, as well as assets acquired during the marriage, are subject to a division between spouses - unless a Prenuptial Agreement, protecting predefined assets, is in force. Since each State, in which you are granted a divorce, may differ in their divorce laws. It is important that you consult an lawyer qualified in divorce law within the state granting your divorce.
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Before scheduling your consultation ask "How much is the consultation fee?" Some law firms do not charge for a consultation. During the consultation:
Will the attorney take this case on a contingency basis? If you do not want to pay by the hour and/or do not have the money to pay an up-front retainer - the lawyer may agree to a contingency fee. Contingency fees are typically in the range of 20% to 40%.
Who pays for other costs? Other costs may include: Clerical costs (copying, research, compiling exhibits, deposition fees (interviewing witnesses), Court fees (if applicable), expert witness fees . . .
When you first meet, let the lawyer initiate the conversation and questions. Try to relax and learn about this lawyer and their law firm. Often, a lawyer will want to learn about you as much as you want to learn about her/him. At the end of the meeting, determine if you feel comfortable and confident about both the lawyer and the law firm?
You are looking for the best practical legal advice. In order for this to happen, be sure that you are prepared for your consultation. Bring in any and all relevant documents, notes, and anything you think will clarify and explain your particular situation. Remember that you are in a special conversation protected by lawyer-client confidentiality. Do NOT leave any information out. Tell the lawyer everything relevant, even if you end up selecting another attorney.
Once you've selected your lawyer you will be given a retainer agreement. Do not sign this document until you fully understand all legal implications of the document.
Once you and your attorney have agreed to work together, your lawyer will direct you in how to proceed. Exchange emails, phone numbers, and keep all lines of communication open and on a regular basis as you proceed with your case.
If you are moving for a divorce and have not yet decided on a divorce lawyer, then find Divorce Lawyers in Westchester, NY and start interviewing.