I recently heard someone in a bookstore tell a group of people why they shouldn’t have their own attorneys, how they can’t trust lawyers, how lawyers will cheat them, and how they should rely on the company that the speaker belongs to. That conversation made me wonder why people who face divorce and divorce need a good divorce lawyer, not just a lawyer.
What do you want to know?
Only a lawyer who is hired to represent your interests can advise you. How can you realistically discuss the financial arrangements for divorce and divorce, if you do not know your rights, duties, and responsibilities? Not knowing what your rights are may result in you not getting a fair share of your assets, a fair share of your support, or your fair share with your children.
Not knowing what your responsibilities and obligations are may result in you paying more than your fair share of assets or fair share of support. Most attorneys offer a special discounted rate for counseling services so that people encourage them to seek advice quickly and often. In addition, in my experience, backyard fencing advice is usually wrong.
Home yard advice
My friend is divorced. OK, you can, but you need to understand that if your friend is not a licensed attorney, he or she is not authorized to practice law. Your friend’s knowledge will limit to his / her special experience. His experience with the law was limited to his / her case and information on the law as it was at the time. Some changes. The law is changing. Any change in information will change the results or suggestions. In addition, changes to the law will change the advice. Your friend lacks the knowledge and experience to give just the right practical legal advice.
The sooner you find a lawyer, the sooner you will learn what you need to know to protect yourself (and the interests of your child and property). Sometimes people have no idea how to figure out how to negotiate, even if the divorce is a friendly one and the parties expect a “friendly divorce”. A good experienced Barrie Divorce Lawyer can help you identify issues that you need to discuss with your spouse to reach a comprehensive agreement and a worldwide settlement. Over the years there have been many times when we have been able to point out to clients areas that they initially ignored.
To share or not to share?
My wife already has an attorney. Do I really need to get one? Can’t the same lawyer represent both of us? The answer is no, not really. When I first started practicing law 30 years ago, it was strictly forbidden for a lawyer to represent both parties to a divorce. No matter how “friendly” it may be. There are some limited circumstances where dual representation may allow. Provided that there is full disclosure of the potential conflict of interest and a waiver of the conflict with the informed consent of both parties.
This situation limit and in the event that unhappy differences or disputes should arise. The attorney must end the representation and seek new advice from both parties. Honestly, we rarely ever agree on dual representation.
We represent our clients with initiative within the limits of the law and the conflicts in representing the opposition are very clear for us to agree to do so. Not only that, if your spouse has a lawyer. It means that he or she has already sought legal advice. Has some basic knowledge of his or her rights, duties. And responsibilities under the law.
Someone once said that knowledge is power
Would you rather be the one with knowledge (and power) or the ignorant? How much trust can you have in your spouse in this situation? Remember that your wife’s attorney already represents your wife. In our experience, spouses. Especially those with a tendency to control. Should not think of misrepresenting the law in order to benefit the discussion.
Recently a client told me that her husband who is in the marital home told her that he is now her “landlord” and so she cannot re-enter the home without her consent. Presence and her lawyer said so. Needless to say, everything he said to her was wrong.
Her husband also told our client that they do not need to use a Barrie Divorce Lawyer and without a lawyer, they can reach an agreement on their own. He added that if he insisted on having his attorney review papers before signing. He would find something to disagree with each draft to increase his costs. Apparently, he was trying to manipulate. Intimidate and control his wife. Who was wise enough to take his own independent advice from a wise, experienced divorce attorney.
Do you feel lucky?
Going to court for an unresolved divorce without a lawyer is like playing Russian roulette. How lucky do you think you are? Will you have surgery on yourself or will you look for a qualified surgeon? Why do you think you know enough to present yourself in court? The judge will not help you if you do not know what you are doing. There are rules of procedure and rules of procedure that govern the hearing.
You need someone in your team who knows the rules of the game. You will need someone to prepare you for your testimony in court so that you do not put your feet in your mouth up to the bones of your buttocks. In court, you will be bound by the things that come out of your mouth. We recently spoke with a person who has a 4000 per month marital and child support obligation.
The court issued an order based on the misrepresentation submitted by his wife’s attorney and what he said in open court about his income was incorrect. A skilled trial attorney can tell you something you don’t want to say, especially if you are not prepared for your testimony.
Too little, too late
Meeting a lawyer after you’ve already signed the paperwork or after taking part in a statement or hearing (representing yourself) is like closing a barn door after a cow has come out. Just because you do not represent does not mean you can get out of a bad decision. A bad deal or you can get out of a court decision when you were not represented. Time to get advice before you sign. Time to get advice before going to court. In fact, you should seek advice as soon as you receive legal notice of a pending case against you.
If you are reading this and you have already signed the paperwork
You should still consult with a well-experienced divorce attorney. Review the paperwork to see if there are any errors that could use. Explain the paperwork and revise the terms. Should. To favor you or to emphasize the “clarification” of the agreement. The attorney can also explain the consequences of signing the paperwork.
If you are reading this and you are in the process of filing a divorce. You are going to testify on your own, a well-experienced divorce attorney should consult immediately to see if there is a legal basis to suppress your statements. Be sure to take all your documents with you for advice.
We have seen situations where it was possible for a client to reopen a lawsuit because the statements take too early. In such a situation, the statement cancel by submitting the appropriate documents as per the rules of the court. It may be too late to do something about your case. But you should at least talk to your divorce attorney immediately to be sure.