Choosing a Divorce Lawyer

Up until the 1980's, divorce law was fairly simple and most attorneys could adequately and competently represent a husband or wife in a divorce. You figured out who was at fault and divided up the tangible assets: the car, the furniture, china, cats and dogs, the bank accounts. Traditionally the wife got the house and kids, the husband got the stock portfolio, his pension and retirement benefits. And depending on who was earning more money, usually the debt. If the husband was at fault, or if it was a long-term marriage, the wife got alimony. Child support was a nominal $50.00 per month.

Today divorce is far more complicated. Fault is no longer an issue and debts are traded off for assets. Pensions are evaluated for present value and divided by a means of special orders that must comply with IRS regulations. Closely held corporations are valued by experts and traded for other assets. The marital home is either sold, or held jointly for a period of time and then sold and the equity divided equally. The house no longer necessarily goes with the children. Fathers are retaining custody and we have the concepts of shared parenting or joint custody. Spousal support has changed as well and can last for a period of years or indefinitely and there are tax consequences especially if it ends too soon, or if too much is paid out too quickly.

Child Support Calculator: Ohio Child Support


What used to be a simple, but highly emotionally charged area of the law has now become incredibly complex, usually requiring the services of not just an attorney but a variety of outside experts including accountants, mental health professionals, business evaluators and real estate appraisers. There are even computer programs to help attorneys in the field work with the various tax ramifications and computations. Bankruptcy frequently goes hand in hand with divorce as well, creating further complications with alimony, debts and child support.

Divorce can impact a person financially and emotionally for life. If you have children, it will determine how you will be able to relate to your children, what role you will play in their future and what decisions you will be involved with regarding their upbringing. You need to choose an attorney who will listen to you and explain the law to you in simple terms. You must be able to discuss your concerns and expectations regarding your finances and/or children, your spouse and your future openly and honestly with your attorney. Your attorney should not only be a legal guide, but your advocate as well.

There are several ways of going about finding an attorney who is right for you. Referrals are usually the best. Ask divorced friends or associates if they would recommend their attorney. Listen in particular to what your friend says about communication - was the attorney responsive? How long did she take to answer phone calls? Do they feel the attorney fairly represented them? Do they feel the attorney was on "their side?" Another form of referral is attorney to attorney. If you know a reputable attorney ask her for a referral, frequently attorneys in one field know attorneys in another. If you are unable to find a personal referral, you can contact your local Bar Association, many of which offer referral services. However, be aware that the Bar does not necessarily screen members of their service for expertise.

Finally, although it is not the best way to find an attorney, you can go to the yellow pages or the web. Whether you choose an attorney from the phone book or the web, or follow up on a referral, the most important thing is to interview and keep interviewing until you find an attorney you feel comfortable with.

Many attorneys offer an initial consultation at no charge or a reduced fee. This meeting is an opportunity for you to access how you personally relate to the attorney and determine if she has the knowledge and expertise to represent you. Gauge how you feel when you are talking with the attorney. Are you relaxed? Are you able to open up? Do you think you will be able to talk to her about the most personal aspects of your life? Do you feel she has a strong interest in your case and will listen to you? Is this a person you can trust? When interviewing the attorney you will want to include a question regarding the following:

Fees: How are they determined? Is there a retainer? Most experienced divorce attorneys require a retainer of several thousand dollars depending on circumstances. This amount is usually what the attorney feels is sufficient to pay for the filing fee, preparation of documents and possibly the first pre-trial, as well as their estimation of the complexity of the case. What is the hourly rate? What is included in the hourly rate? Will you be charged for phone calls? Postage? Copies and filing? Keep in mind that an experienced attorney can accomplish more in less time, so although her fee is higher, it may be the better deal. An attorney with a lower fee may end up costing more, by charging more hours for the same work. Find out what the terms are. How does the attorney expect payment? Will you be billed regularly? Are payment arrangements available?

Who will be working on your case? Find this out. Don't assume that it will be the attorney doing the interview. Frequently a firm will have an associate do the actual work on a case. You should know this in advance.

What is the attorney's background? If your case will involve custody issues or substantial pension and stock portfolio assets, you should seek out an attorney who has had previous experience in those areas. If there are no assets or children then it is less important to have a well seasoned attorney.

Before making a final decision consider all aspects of the meeting. Were your questions answered clearly? Do you feel the fees are fair and can you afford them? Will her background suit your needs? Are you at ease with this individual? And most importantly - did she listen to you? You should have received some useful feedback and feel confident that this is someone you can confide in, someone you can trust and someone who will represent your point of view. If you don't, if the "vibes" just aren't right - choose a different attorney.

Lorain divorce lawyer, spousal support, alimony, guardian ad litem, juvenile court, Lorain divorce attorney, custody, visitation, nonsupport, father’s rights, Cuyahoga county divorce lawyer, attorney, mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody guardian ad litem, juvenile court, Lorain divorce attorney, custody, visitation, nonsupport, father’s rights, Cuyahoga county divorce lawyer, attorney, mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody Lorain divorce attorney, custody, visitation, nonsupport, father’s rights, Cuyahoga county divorce lawyer, attorney, mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody visitation, nonsupport, father’s rights, Cuyahoga county divorce lawyer, attorney, mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody father’s rights, Cuyahoga county divorce lawyer, attorney, mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody Cuyahoga county divorce lawyer, attorney, mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody mother’s rights, collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody collaborative divorce, Cleveland divorce lawyer, mediation, separation, legal separation, Child support, separation agreement, Avon Divorce attorney, Elyria divorce attorney, Spousal support, disillusionment, end marriage, post decree, Prenuptial agreement, Cleveland divorce, family law attorney, family lawyer, GAL, child support guidelines, visitation parenting, shared parenting, Joint custody, sole custody