Getting Divorced? 3 Questions You’ll Have for Your Lawyer
If you are getting started with the process of getting divorced from your spouse, you likely have a lot of legal questions that you are seeking answers to. Here are a few questions on divorce law that you might have.
Is Your Lawyer Allowed To Consult With Your Spouse?
Be aware that any lawyer that you meet with will not be allowed to consult with your spouse about using them for your divorce. It is considered a conflict of interest, since they know your side of the story after meeting with you. This means that you can have a consultation and not have to worry about any information you share being used against you by your spouse's lawyer. However, the same applies to you. If your spouse consults with a lawyer and decides not to use them, that same conflict of interest would apply to you as well.
How Can You Keep Legal Costs Low?
A common concern for many people going through a divorce is how they can prevent the legal costs from getting out of hand. The key is to work with your spouse as much as possible to prevent your divorce case from going to trial. If you can work out the details of splitting personal property and custody arrangements together, all you will really need a lawyer for is to finalize your decisions. Having a disagreement that goes to trial can be expensive.
However, keep in mind that some aspects of the divorce will need to be heard in front of a judge. This includes approving any custody arrangement and deciding on things such as child support and alimony. Even if you have made joint decisions about these things, a judge will make the final decision.
What Do You Do When There Are Disagreements?
While the goal may be to make joint decisions about the divorce, there will be things that you disagree on. The first step will be to go through mediation. You will work with a neutral party that acts as a mediator, which is not one of your lawyers, to help work out the tough decisions between the two of you. If you are unable to compromise with a mediator, then that particular disagreement can be settled in court. If you decide to go to court, you will lose control over the final outcome, since it will be put in the hands of a judge. This is why many people try to work things out and negotiate in mediation.