How To Choose A Divorce Lawyer - Part 1 Options & Pathways
So, you’ve taken the big step and made the hard decision to divorce. But what’s next? Choosing a lawyer is one thing you might be considering.
Choosing a family lawyer to support you through your divorce is something you really only want to have to do ONCE. So how do you get it right?
Despite what we see in Hollywood, not every divorce will require teams of hot-headed, bulldog lawyers fighting tooth-and-nail for you and your ex.
There are many options available to you & your family, from a ‘DIY’ kitchen table discussion to mediation, to collaborative law, and of course, as a final resort, the traditional litigation approach.
With so many differing approaches, however, it can be an overwhelming road to navigate!
Firstly, it’s important to choose the pathway which will best suit you and your family - whether your “family” is just you & your ex, you have kids to consider, or includes the dog & cat. It’s important to have a vague idea of what you think might work best for you.
From there, you’ll have a clearer idea of what type of family law practitioner will be best suited to support you.
Are there no major assets or children shared between you? Are you on amicable, mutual terms? A DIY ‘kitchen table’ discussion followed by online drafting and the submission of consent orders may work for you.
Or are the two of you after a space where this conversation can have some more structured support and be facilitated by a trained professional? Mediation may be the preferred pathway for you to explore.
If the two of you need legal representation, but still want to work in a supportive, team-based space, Collaborative Law is an empowering option. You and your ex will each have legal representation, with both lawyers signing an agreement committing to settling the case without ever going to court. Collaborative practice is a team based approach, which can also include financial & psychological advisors to help you mediate your property & child care agreements.
Sometimes situations are a little more challenging or nuanced, and that’s where lawyer assisted settlement comes in. Your lawyer will work directly with your spouse’s lawyer to settle any disputes, ensuring child care arrangements support & suit all of you, assets are split in a fair and equitable way, whilst protecting both you and your ex.
A final, last-resort option is court-based litigation. If the two of you simply cannot agree to settlement details, or if there are real, significant barriers that prevent you and your ex engaging safely, litigation may be your only option. If you find yourself down this path, it doesn’t mean you’ve failed at the other options, just that your divorce may be a little more complex, or there are deeper issues at play that require an expert legal team to best support you in resolving your matter.
It's important to remember that these general tips are designed to offer some assistance and guidance, allowing you to choose the best path for your own unique situation. If you’re seeking further support, or looking for more detail surrounding the pathway to divorce and how to choose your team, check out the Reflect, Reclaim & Liberate Podcast episode HERE or wherever you get your podcasts.
Of course, if you need deeper support to make the hard decisions, let’s chat in a free RESET CALL.