How do I choose a divorce attorney

[livingalife2009]

Hello LS community, I have made up my mind to file for a divorce ASAP. We agree on custody, the one thing we may have to fight is splitting asset and a lot of it is in real estate. Should I go for a divorce attorney who also has a lot of knowledge of real estate laws and values in my area or should I hire an attorney who is an expert in family law? Hope you will all chime in. Thank you!!

[basil67]

Hi livingalife2009, going by your last thread, I think you're making the right decision.

Where I live, property lawyers deal in buying, selling, conveyancing etc.  Whereas a divorce lawyer deals in how to split all your property, child custody etc.   So I'd say you need a divorce lawyer to support you through the division of assets.   When you've agreed on a percentage split and it's time to sell the house, a real estate lawyer will support you in selling it to the new buyer.

If you don't want to have to look for two different lawyers, I'd consider going to a firm who have different types of lawyers. 

Edited November 15, 2021 by basil67

[Wiseman2]

6 hours ago, livingalife2009 said:

 I have made up my mind to file for a divorce 

Divorce is family law. All divorces include division of assets. The courts also decide on the best interest of the children including child support visitation and custody.

Divorce and custody are not a DIY situation. Marriage is a legal contract that needs to be dissolved. Courts also protect the children not the warring parents.

[livingalife2009]

6 hours ago, basil67 said:

Hi livingalife2009, going by your last thread, I think you're making the right decision.

Where I live, property lawyers deal in buying, selling, conveyancing etc.  Whereas a divorce lawyer deals in how to split all your property, child custody etc.   So I'd say you need a divorce lawyer to support you through the division of assets.   When you've agreed on a percentage split and it's time to sell the house, a real estate lawyer will support you in selling it to the new buyer.

If you don't want to have to look for two different lawyers, I'd consider going to a firm who have different types of lawyers. 

I firmly believe that I have made a decision and will not regret. My neighbors are happy for me and the fact that my husband won't be living next door to them soon.

[mark clemson]

If you're in the US, you can get free 1/2 hour consults from many lawyers, which allows you to find one you like as well as get some of your questions answered for free.

In the US, I'd say beware of lawyers attempting to trigger (further) animosity between you and the STBx. My belief is that some will do this in an attempt to generate desire to "get back" at the other via letters and legal motions, etc, all of which the lawyer gets paid for. Think about how something might be received by the other person and whether there are alternatives that are less triggering.

An example is having the other person served at work, which tends to embarrass them in front of one of their most important peer groups, and cause additional stress and resentment. They can often just be found at home or in a new apartment, etc after work hours instead just as easily. Even a pretty good lawyer likes to get paid more.

It's not the same in all places, but generally you want to get to negotiation as quickly as possible, as that is where most cases will end up anyhow. Getting there with the minimum stress and expense should IMO be a worthwhile goal.

Edited November 15, 2021 by mark clemson

[Taramere]

On 11/14/2021 at 11:53 PM, livingalife2009 said:

Hello LS community, I have made up my mind to file for a divorce ASAP. We agree on custody, the one thing we may have to fight is splitting asset and a lot of it is in real estate. Should I go for a divorce attorney who also has a lot of knowledge of real estate laws and values in my area or should I hire an attorney who is an expert in family law? Hope you will all chime in. Thank you!!

It sounds as though you own multiple properties?  If so, a firm with a real estate department would certainly be a good plan - but as others have said, it's a family lawyer you need to see for the divorce aspect.  I'd think of things in terms of negotiating, rather than fighting. I'm assuming there's no pre-nup in place?  If not, you'll need to get a separation agreement drawn up.  Pretty much any family lawyer you see who's genuinely a specialist in family law will have plenty of experience in negotiating and drafting separation agreements - but if there's a lot of property involved, then you want to make sure you're dealing with somebody very experienced.

Check a variety of websites, go to their family law department and you should get a summary of the different lawyers working there.  Home in on the any mentioning a number of years experience in separation agreements involving a large amount of real estate.  It's best to go for a larger firm with several family lawyers.  I know it's more expensive, but you don't want to be left in the lurch if somebody goes off sick - especially not if it's a fairly complex separation agreement.

 

[Myabee]

For me it was helpful to have an attorney that was versed in both real estate asset division and family law. They do exist. Bottom line, a well rounded attorney is best and one that will fight for you.