Busiest Time of Year for Divorce: Choose the Right Attorney

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"According to the courts, January is the month when most divorces are filed. It may be because the holidays are over or that people want a fresh start at the New Year. Some couples who've been planning to break up choose to avoid disrupting their families during the holidays. Others may be hoping that their situation or their partner's behaviors will change, and when nothing shifts, they opt for dissolution, which at best is a sad thing, according to Psychotherapist Barton Goldsmith in an article for "Psychology Today." Although most people give a great deal of thought to whether or not to file for divorce, many do not know how to determine which attorney is the best one to handle their specific divorce situation. Divorce Coach Nancy Kay, owner of http://www.movingforwardthroughdivorce.com provides valuable insights about how beneficial it is to know what to look for when starting to consult with divorce attorneys.

Taking the time upfront to choose the right attorney prevents frustration, headaches and the need to change attorneys later on when the case is in a more critical stage."

When it comes to making the best decision about which attorney to hire for their divorce case, most people choose one by getting a referral from a friend or a relative. Although this is a common way to choose an attorney, it can lead to a mismatch between the way the client expects that their case will be handled and the manner in which that attorney usually handles their clients’ cases. To avoid the messy problem of having to divorce your divorce attorney, it is helpful to know what to ask when evaluating attorneys to find the right fit.

Nancy Kay, Divorce Coach at “Moving Forward Through Divorce” recommends that those facing divorce first determine which type of divorce process would be most likely to work with their specific situation: mediation, traditional litigation or collaborative divorce.

When interviewing litigation attorneys, be sure to ask what percentage of their cases are in Family Law and which counties they practice in the most. Since divorce cases can often drag along for years through the court system, it is very important to find an attorney who has long-standing and high quality relationships with the other divorce attorneys, experts and judges who may become involved in the case. In addition, finding out what their experiences have been like with the opposing counsel can provide insight into how they typically work out their differences.

Stellar negotiation skills and the ability to problem-solve are other key signs of a great attorney.
Find out how they have negotiated outcomes in similar cases and also take the time to assess their communication style. Ask about how they approached difficult problems that came up and how they resolved them. Since around 95% of litigated cases reach settlement before trial, the more skilled the attorney is at problem-solving, the greater chance there is for a faster and more favorable outcome.

Collaborative Family Law is another option to consider when deciding which approach to use for divorce. In Collaborative Divorce, both parties enter into an agreement where they work with a specific team of attorneys and experts, and both parties sign an agreement that they will avoid going to court to settle their differences. Collaborative attorneys often use creative approaches to negotiating conflicts and many connect their clients to Divorce Coaches who can help the parties deal with the intensity of their emotions and help them to learn valuable strategies to start moving forward through divorce.

When interviewing prospective collaborative law attorneys, be sure to take a close look at the requirements of the agreement that needs to be signed by both parties when starting the process. Ask about the typical costs that will need to be paid and how these costs are usually divided between the parties. If you suspect that a spouse is concealing financial information, ask about how the Collaborative Team deals with this issue.

Finally, be sure to ask any prospective attorneys about their time frame for responding to emails and phone calls. Will they provide their cell phone number in case of emergency? Since Family Law Attorneys spend so much of their time at court, it is essential to find out upfront about how closely they stay in contact with their clients as their cases progress.

Divorce Coach Nancy Kay guides women and men who are trying to navigate through the storm of divorce. She combines her experiences from working as a Family Law Paralegal with her Coaching Training and personal experiences in a high-conflict divorce to help her clients work more effectively with their Divorce Team as they find their way through divorce. Coaching is available by phone or through Skype.

To find out more about how to choose the right divorce attorney and Develop a Smart Action Plan to feel more in control, visit http://movingforwardthroughdivorce.com


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Nancy Kay
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