I have been asked several times “When should I actually fork out the money to hire a divorce Attoney?” This is actually a difficult question to answer, because a lot of it depends on the circumstances of your divorce case. There are several factors that you need to look at:
- If you are very early on in the process and not 100% sure that you are going to go through with a divorce, it is best to wait before actually hiring someone. This doesn’t mean that you should not consult an attorney or attorneys, this is actually a must. If not for any other reason but to follow through with the actions explained in Divorce Tip #3. But if you slip up and hire an attorney without being 100% sure that you are going through a divorce, then you might as well throw any doubt aside. Hiring an attorney is the sure-tell sign that you are going after a divorce, and their presence will only exacerbate the situation to the point that a divorce is inevitable.
- You also have to make the determination is your divorce will be contested or uncontested. This makes a huge difference in the amount of money that the divorce attorney will require for a retainer. I will go into more detail on the difference between a contested and uncontested divorce in the very near future. But once again hiring a divorce attorney to soon may result some bad blood that could easily transition a uncontested divorce into a contested one.
- Finally, you have to determine if you are going to jump straight to a divorce or if you are going to try to work things out through a marriage separation and counseling. In which case hiring a divorce attorney would be a little premature. Obviously, if you have already tried this route then this step no longer pertains to you. But you would be surprised at the amount of married couples that don’t even consider attempting to work things out and jump straight into a divorce. In my case, the marriage separation only solidified that the fact that a divorce was our only option.
Hopefully, this has answered the question for the majority of you. But some may still be in limbo as to whether or not the time is right to hire a divorce attorney. If you have any specific questions, feel free to ask them in the comment section below and I will see what I can do to help you out.
She’s filing the divorce,…after only one month of separation ,..In my mind there’s someone else in the picture thats guiding her to what to do and it’s not her lawyer per say.I’ve moved out,..yea I know first mistake on my part but what a bitch all the time.!!!!!!!My question is where to I turn to when her lawyer is seeking 50% for child support under Ga law?
Larry,
There are so many factors that go in to how much is payed for child support that you never know what it will be until the end. First off, how many children are we talking about? Are you looking to get joint custody? Are you talking about 50% of you yearly income!?! This seems very high, but unfortunately it is not unheard of. There will most likely be a “financial disclosure statement” involved, and most states have a rather complex calculation that they use to determine suitable child support. And a figure as high as %50 is rare, but don’t put all your faith in that.
There are two routes that you can look into. If you don’t have a divorce attorney, then get one. If you can’t afford one then at least schedule a consultation to find out the likelihood that what her lawyer is asking for will go through. Be careful! The divorce attorney may bait you into hiring them once they pick up on your dire situation. When talking to a divorce attorney always exude confidence so that they know that you are just looking for some legal advice and not some “savior” to solve all your problems.
If you are still not content then you should really put in some of your own research. I suggest you seriously consider getting the package offered by Dr. Barry Bricklin and Dr. Gail Elliot, they are two of the foremost experts in the field of child custody. They will offer you so much information, you will likely be giving your lawyer the advice. You can take a look at it here. I have read through most of it just out a curiosity’s sake (luckily I did not have custody issues during my divorce), and it is good stuff.
Keep us updated on your situation, I am sure there are a lot of men out here that are going through the same situation and we can all learn from each other.
Chris
(Disclaimer: Remember, I am not a divorce attorney and any information and/or opinions that I provide should not be construed as legal advice.)