Frequently Asked Questions
Can a lawyer represent both sides of a divorce?
No, it is unethical for an attorney to represent both parties in a divorce and to give legal advice to a Husband and a Wife. Do not contact your spouse’s attorney to receive legal advice.
How long will my case take?
It is unpredictable how long your case will take unless you have a written agreement settling all your disputes. Then the case can be finalized in a few weeks. Most divorce cases take approximately 9 months to 15 months.
How much will it cost?
Attorney’s fees vary based upon the services your case requires. The more you and your former partner can agree upon the less it should cost for your legal services. The converse is also true. In all instances, costs are additional. Costs are payments to third parties for the prosecution or the defense of your case. Examples are the clerk’s filing fee and service of legal paper by a process server. These charges are paid separate and above legal fees.
(Attorneys' Fees and Costs)
What is the difference between a mediator and an attorney?
A mediator may be an attorney but cannot give legal advice. A mediator does not go to court or represent a person. An attorney gives legal advice and presents a client’s case in court.
What should I do?
The choice is yours. Consider that if you represent yourself you are at a disadvantage over a lawyer. If you represent yourself you are held to the rules of court and rules of evidence. You are subject to risking a bad judgment. Once there is a bad judgment it may not be fixable.
The best way to resolve a case is through the process of mediation either privately or with attorneys. However, private mediation is not for everyone. Mediation requires that the parties set aside their differences and seek reasonable solutions to the legal issues. Not all persons can set aside their differences. Mediation is not appropriate if there is substantial domestic violence. If you are afraid for your safety or intimidated by the other party you should strongly hire an attorney.
Mediation is required usually. However, mediation is not ordered until your case is set for trial usually. You might have an attorney write an agreement at the outset of your case to understand what facts are needed to decide, the legal issues presented unique to your situation, and the financial consequences of your case. Parental issues should also be considered in your case to your situation.