The need to employ the legal system always requires planning. An assessment must be made as to the necessity of immediate action. In a divorce case, this may mean obtaining restraining orders to protect persons or property or, in the case of physical violence, removal from the home. Such orders are not granted just by asking. The Court must be convinced of the necessity of restraining orders by evidence of conduct on the part of the other party sufficient to support the order requested. This evidence must be presented in the form of drafted declarations prepared using the facts supplied by the party requesting the orders.

At the other end of continuum, if you and your spouse believe you can work out the issues of your case with the assistance of an experienced professional, perhaps mediation is your best choice. If your case is suited for mediation, you and your spouse may save considerable sums of money in attorney’s fees.

Even though you may not feel mediation is for you, perhaps because you feel intimidated or overpowered by your spouse in a settlement setting, it does not mean you can’t reach a settlement in your case. Very often, a settlement can be explored and reached by your attorney without the necessity of your spouse hiring an attorney and resorting to litigation. These issues should be discussed with an experienced divorce attorney.

Hiring An Attorney:  At some point you are going to have to consider hiring an attorney. Finding the right attorney to handle your case may be one of the most important decisions in your life. You may seek recommendations of friends, relatives or coworkers. One of the best sources for recommendations, is another attorney you may know. He or she is more likely to know the attorneys who practice family law. Many attorneys advertise in the Yellow Pages of the local telephone directories. There are also law offices listed by areas of specialty in several on-line data bases on the Web.

Once you obtain the names of a couple of attorneys take the time to interview with them. This is the only way you will be able to make an intelligent decision in choosing one to represent you. It is important to determine:

• The attorney’s experience in the area of family law.
• How well the attorney communicates with you.
• The attorney’s understanding of the issues in your case.
• The attorney’s ability to clearly explain to you the issues and procedures related to your case.

Make notes of your discussion and take the time to think before making a final decision. Be sure to discuss fees and how the lawyer will charge for his or her services. Find out if the lawyer will be personally handling your case. What transpires in a divorce action is not always predictable. The lawyer should, however, be able to give you the strengths and weaknesses of your case or matter. Things to ask yourself in making the final decision include: Will you be comfortable in working closely with this lawyer? Do you believe the lawyer has the skill and experience to handle your case? Did the attorney clearly explain the procedure and legal issues associated with your case?

Attorney’s fees: Attorneys, like all business people have overhead to meet and expenses to pay and their fee for services in a divorce are generally based upon time spent. The lawyer may additionally consider the complexity of the matter and whether there are any unusual facts or legal issues. In family law cases, the most common method of charging is with an initial retainer fee, paid by the client in advance, and held in the attorney’s trust account. This fee is used to pay the fees and costs as they are incurred.  Expenses include court filing fees, and other “out of pocket” costs. Be very cautious of the firm that charges a substantial nonrefundable retainer. Attorney’s fees, like other charges, should be closely related to the work performed. You should ask about the fees in detail before retaining an attorney so that you may plan for payment. Legal fees do not need to be excessive. Usually, horror stories about large attorney’s fees in a divorce case result from the obsessiveness of the parties in fighting with each other over issues that could be easily compromised. I have always maintained that a client should not pay more in litigation costs than the value of the issue he or she is fighting over. In other words, it may not be worth it to incur $2,000 in costs to fight for $1,000 worth of furniture.

The relationship between the lawyer and the client is an important one and one that involves the highest trust and confidence. Make your selection carefully.  I hope the information provided here is helpful to you.