Frequently Asked Questions About Divorce
- "What if I don't like my divorce lawyer's tactics and strategies? Can I get a second legal opinion without firing my lawyer?"
Family lawyer Fern Salka answers: "Most family law attorneys charge by the hour to act as consultants. (Some lawyers will meet with you for free if they think they will get a new case, but their advice may be less than impartial.) An impartial consultation, though, may be a valuable expenditure if it gives you peace of mind.
Sometimes, however, getting a lot of divorce advice is confusing. Every one has a different style, and many family law decisions are judgment calls, not black-and-white options. Second-guessing another divorce attorney's decisions is difficult at best for the attorney, and many clients find it difficult to sort out which opinion is better..."
- "Can one divorce attorney represent both my spouse and me? I think it would save us time and money."
Family lawyer Stacy Phillips answers: "here are a number of options available for couples that have decided to end their marriages, and it is indeed possible to save time and money, but having one lawyer for both parties is not one of them. The one thing I tell everyone loudly and clearly is that having one divorce attorney represent both you and your spouse is a recipe for disaster.
The most prevalent option is litigation, in which the spouses and their divorce lawyers go to court where a judge will ultimately determine the issues like custody, support and property. It can exact a very costly and painful toll..."
- "If a divorce involves complex issues, can you still use a mediator?"
Family lawyer and mediator Mari Frank answers: "In the divorce mediation process, the parties can agree to use neutral experts to help them to simplify the issues. For example, the parties often agree to use one forensic accountant (to value the business, determine the cash-flow analysis, and help with the issues of stock options, 401Ks, and business valuation), appraisers, actuaries, business evaluators, etc. These experts provide a report based on fully disclosed information. The mediator requires complete disclosure without formal discovery..."