- April 28, 2023
- Yoni Levoritz
Five Misconceptions when Hiring a Divorce Attorney
A guide by the Levoritz Law Firm
As society changes, so do our relationships. Although it’s brave for us to dive headfirst into marriage, it doesn’t always end the way we hope it does. It’s not uncommon nowadays to hear about divorce cases.
Some couples part ways mutually, while others may not see eye to eye when it comes to divorce proceedings. When the latter happens, it’s essential to hire a divorce lawyer. However, there are a few misconceptions about hiring a divorce lawyer, which the following will address.
Myth 1: Hiring a divorce lawyer means you’re “giving up on your marriage.”
Some people believe that seeking legal representation for a divorce automatically means that they have given up on their marriage. However, this is not always the case, as hiring a divorce lawyer can also be a proactive step to protect oneself and their interests in case the marriage ends. It’s important to have your affairs in order and make sure you’re in good standing financially and emotionally before a marriage is terminated. Seeking out help does not mean you are giving up on marriage, only protecting yourself from the worst possible outcome.
Myth 2: Divorce lawyers are just looking to put more money in their pockets.
Society’s portrayal of attorneys often as individuals who just want to take your money, and in the case of divorce lawyers, that isn’t it. It’s a stereotype, and while there are always bad apples in any field, most attorneys genuinely desire to help their clients. Consider this – sometimes, their job is to bring logic, calm, and fairness into situations that are fraught with chaos and emotion. The role of the divorce lawyer is to guide their client through a complex and often emotional terrain, providing support and advice, and guiding them through negotiations and court proceedings.
People associate lawyers with financial gain, but divorce attorneys are paid because they provide a valuable service. Lawyers help their clients understand the legal situation, calculate marital assets and liabilities, negotiate and resolve conflicts, and obtain favorable interpretations of contracts, statutes, codes or regulations.
Myth 3: Lawyers will take sides and will only help the other person.
A lawyer has two primary responsibilities: advocate and advisor. These functions are not exclusive, and a divorce lawyer must work for their client while respecting various ethical rules that the legal profession must abide by.
Some people think that a lawyer would only take sides with their client, but this is a misconception. Whenever two people are involved in a legal dispute, both sides typically have valid positions to defend. A competent divorce lawyer should understand both positions and will help their client navigate a path to resolution by being impartial and objective.
Myth 4: Divorce lawyers are only useful when the case goes to trial.
Divorce cases rarely go to trial. In most instances, both parties settle their differences outside of court. This settlement may occur during mediation, which is a conflict resolution process of negotiations involving an impartial third party – a mediator – who helps the parties develop a mutually agreeable settlement.
Though most cases are settled amicably, divorce lawyers still play a vital role in the process. They can help draft settlement proposals and agreements, review documents, ensure that the client is receiving a fair share of marital assets and guide the overall process.
Myth 5: A lawyer is not necessary if you and your spouse agree to everything.
Some people who hope to get a divorce without an attorney do so when they believe that they and their spouse agree on everything. Although this is a great start, a lawyer is still necessary. An attorney will review any proposed agreements to make sure that you are not signing off on unfavorable clauses, inaccuracies, or oversights. This approach ensures one’s rights are protected in writing before the divorce is finalized.
Divorce proceedings can sometimes be messy and emotional. The help of an experienced divorce attorney can ensure that one’s rights are protected and that the process is handled objectively and professionally. It’s important to dispel these misconceptions of hiring a divorce lawyer so that one can appreciate how they help resolve conflicts amicably and effectively. In the end, hiring a divorce attorney is an essential step to ensure a smooth and successful divorce case outcome.
Looking for Divorce or Family Law Assistance?
If you are considering a divorce from your spouse, or have questions about your divorce process, call the knowledgeable and experienced attorneys at the Levoritz Law firm today at 855.213.3104 for a free consultation.