Tuesday, 06 April 2010 05:13

10 Rules for Winning a Divorce Case

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10 Rules for Winning at a Divorce with the Right


Divorce Attorney




Talk to a Divorce Lawyer first.

It is very important that you talk to a Divorce Attorney before
doing anything else. Your Divorce Lawyer will help you to assess
your Family Law case and should thoroughly educate you on your
rights, the relevant areas of  Divorce law, and the
pre-emptive activities you should take.


Be Prepared: Gather documents and secure accounts.


Although the gathering of documents and securing of financial
accounts, for your divorce attorney to review, can be done after
your lawyer has filed your suit, these activities are always
easier to accomplish and less stressful on you if they are done
to the extent possible before your spouse is made aware of the
filing. Identify the appropriate actions in discussion with your 
divorce attorney.


Talk to your spouse about your divorce with guidance
from your divorce attorney.

Once you have an idea of what is going to happen in your
divorce, you are better able to talk with your spouse to
identify what areas you might have agreement on and which areas
will be contested with the help of your lawyer. You should also
be able to discuss what route is best for you (i.e., uncontested,
collaborative, or contested).


Hire a divorce attorney you are comfortable with.


It is important to be both personally and financially
comfortable with your divorce lawyer.  It is extremely important
that you hire a lawyer with whom you are comfortable. Ask your
lawyer about fees - not only how much he/she charges per hour
but how much, generally, you should expect to spend given the
issues and objectives of your case.

 

Be sure to ask your lawyer if you may contact them after
hours and choose an attorney that pledges to return your
calls or emails in a reasonable timeframe.



Explore Mediation or Collaborative Divorce with your 
divorce lawyer.

Mediation and Collaborative Divorce are processes used to reach
agreement as to the terms of the decree by you and your spouse
with the help of trained collaborative divorce professionals and
mediation attorneys without having a Judge decide the terms
which neither party may be satisfied. Discuss the pros and cons
of the different alternatives with your lawyer to identify which
is best for you.


Be Prepared for Difficult Financial Times.


Even with the help of the right  Divorce Attorney,
splitting one household into two almost always involves at least
temporary financial difficulties and sacrifices for one or both
sides. Be prepared. Have back-up funds and other resources
(personal, family or friends) available or identified if
possible. Identify expenditures that can be trimmed or deferred
while the  divorce process is ongoing.


Involve a CPA.

Tax consequences and property tracing can have a substantial
effect on the property awarded to you in your  divorce. Ask
your lawyer for a recommendation if you do not have a
professional which you are acquainted with in this area.


Child Custody and Children? Help them cope with
divorce!

If children are involved, take the course "Helping Children Cope
with Divorce". A listing of court approved course providers and
their contact information, including web sites are available at
this site by clicking on the Client Forms
link. This course is required in many of the  courts prior
to the granting of a  divorce in which children are
involved. The course helps parents understand how comments and
actions on their part can have a devastating effect on their
children and in many cases will be ordered by the  court
and will be highly recommended by your  divorce lawyer.


Collect and Prepare Financial Statements Early.


Preparing financial statements for your  divorce attorney
is not unlike preparing your annual taxes when you know you are
not receiving a refund. Generally, the sooner and more
completely the financial information can be put together, the
sooner you can get to the other side of the  divorce
process. The forms for your "Financial Information Statement"
and "Inventory and Appraisement" are available at this site by
clicking on the Client Forms button, above.


Be Smart.

Be rational (or at least try to maintain these as goals)
throughout the your entire  divorce process.  Going through
the divorce process is kind of like going through a temporary
state of insanity (even for your  divorce attorneys who are
themselves parties). Try to remember that it is only a matter of
degree and that you will come out on the other side of the 
divorce process and can live a happy, normal life.

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