Having an attorney for legal advice and representation is advisable when going through a divorce. Your partner will also have an attorney to represent their interests. However, the kind of attorney you and your partner hire will determine the divorce process's progress and success. If you hire the right attorney, your partner must also do the same for the smooth progress of the case.
There is a lot to expect from your partner’s attorney. However, what you receive depends on the type of attorney they hire. Here are examples of what you will likely receive from your spouse’s divorce attorney.
What To Expect From a Bad Attorney
When a married couple decides to separate or divorce, they look for attorneys for advice and assistance through the divorce process. When looking for an attorney, there are usually many choices to consider. You must have selection criteria in mind to find precisely what you need and deserve for the divorce process.
Although the term ‘bad attorney’ is relative, some attorneys do not meet the end of their bargain. You hire one for legal representation, and they do not serve your expectations, even after receiving full payment. You or your partner can make a mistake when choosing an attorney. If your partner hires a bad attorney, you will experience many possible outcomes.
A bad attorney can be inexperienced, incompetent, or lacking professional ethics. Some attorneys pretend to have the proper training, but they do not. Others have the appropriate training but are inexperienced in handling divorce cases. Other attorneys have the right skills and experience but lack professional ethics. In a world full of all kinds of attorneys, you can end up hiring the wrong one if you do not carefully consider their skills and other attributes.
Here are examples of what to expect if your partner hires a bad attorney:
Mistakes During Hearings
A bad attorney will make mistakes before, during, and after hearings. If your partner’s attorney lacks the skills to handle a divorce case or is inexperienced, they can easily make mistakes when advising your partner, filling out or filing divorce papers. They could also make mistakes interpreting laws that protect you or your partner. They can misstate or misrepresent facts during court proceedings, an error that could jeopardize your or your attorney’s case. If your partner’s attorney lacks professional ethics, they will make regrettable mistakes that could ruin the outcome of your or your partner’s case.
Poor Communication
A divorce process is challenging to go through alone. Divorcing couples are encouraged to hire attorneys for legal guidance and support. The support of your attorney makes you make better decisions and think clearly about what you need and deserve out of the divorce. If your partner hires a bad attorney, they will not enjoy this critical support. Their attorney will not communicate as effectively as they should, leaving your partner stranded, not knowing what to do or the right decision to make. A bad attorney will not pick up phone calls or respond to texts or emails, which can delay divorce.
Failure to Meet Critical Deadlines
Most legal processes have strict timelines by which some processes must be completed. For example, in a divorce process, the court gives timelines by which the one filing the case must complete and submit the required documents. The respondent must also respond to the divorce papers within a given time. These timelines are set to ensure a smooth flow of the entire process. Delays can affect how quickly the matter moves, making the process very expensive for the partners.
If your partner chooses an attorney who cannot meet critical deadlines, it will bring problems for you and the court. If they fail to file the paperwork on time, you will not receive the resolution you intend on time. If they fail to respond to critical notifications on time, there will be a delay in the entire process. The judge will continue postponing hearings because of these delays, making it challenging to conclude the matter within the right time.
Failure to Complete Documents Correctly
Some bad attorneys are careless in how they complete paperwork for their clients. When you engage a divorce attorney, you will likely leave some legal tasks for them so you can concentrate on personal matters. If your partner hires a negligent attorney, they will make careless or costly mistakes in your paperwork, causing legal problems or delaying the entire process. For example, if their attorney fails to provide all the information the court needs, the judge will not continue the case until they have that information. This will cause a delay.
What To Expect From an Average Attorney
An average attorney has some good and bad to offer in a divorce case. Average attorneys could have the skills to handle divorce cases but lack experience or professional ethics. Here are some of the issues you can expect when your partner hires an average divorce attorney:
Minimal Attention to Detail
A divorce case is a sensitive matter. You, your attorney, and your partner must pay close attention to all the critical issues for a smooth and fruitful process. If your partner hires an average attorney, they could have the skills to handle a divorce case but not the expertise to pay attention to all the critical issues. Generally, average attorneys do not pay attention to all the details. It is usually challenging for them to note the unique problems within a case that are uncommon in other divorce cases.
Since the attorney could lack experience in handling divorce cases, they will likely not discuss the specifics of the case with your partner, which makes problem-solving challenging. They could also neglect seeking your partner’s approval in some matters, making it difficult for the attorney to represent their interests during the divorce hearings.
Basic Knowledge of the Divorce Law
Although divorce attorneys are experts in family law and related statutes, it takes experience to master the law deeply to know how best to apply it in real situations. An average attorney could know and understand the fundamental law but cannot use it in your partner’s case. Thus, if your partner hires an average attorney, it can affect the entire case’s progress.
An experienced attorney will know best how to advise clients for easy and quick decision-making. They will also know the laws to apply in various situations when fighting for their clients’s best interests in a divorce. If your case is complex, your partner’s average attorney will not know how best to advise or assist them. This could hinder decision-making, creating a delay for everyone involved.
Failure to Adhere to Statutory Deadlines
Remember that the law provides deadlines for various legal processes in divorce cases. For example, there is a timeline within which a person seeking divorce must prepare and file the required documents. They must also serve their partner with the divorce papers within a particular period. Once the other person receives a notice of divorce, they must respond within a given time. These timelines are critical as they set the progression of a case.
An average attorney will not care so much about statutory deadlines. This could cause legal issues for you and your partner and cause a significant delay in your case.
What To Expect From a Great Attorney
A great attorney has everything your partner needs, including skills, experience, and professional ethics. Thus, they will review the case to provide the right advice, comprehensive legal support, and guidance, and listen to your partner’s needs. They will be available throughout the case, maintain open communication, and negotiate effectively for your partner’s best interests. An experienced attorney understands the emotional impact of a divorce. Thus, they will work strategically to push for the best possible outcome in your unique situation.
Here are some of the things you can expect from your partner’s proficient divorce attorney:
A Deep Understanding of Your Family Situation
Before beginning the divorce process, a skilled divorce attorney will take time to learn about your family situation, its unique issues, and what the parties want. They will first consider the individual circumstances of the parties involved, the family’s financial details, and the desired outcome for your partner. This will help them strategize well for your partner’s favorable outcome. Although this seems like it can work against you, a skilled divorce attorney will carefully consider the family situation to offer reasonable advice and guidance that could also favor your interests.
Open and Clear Communication
A great divorce attorney for your partner will maintain open communication with them and you or your attorney. They will update you about your partner’s concerns and interests in the divorce and the course of action they intend to take. This prepares you well for what to expect and helps you in decision-making.
Communication is vital in a sensitive matter like divorce. It ensures the smooth progress of the case, especially if they keep the case going on your partner’s side. If you and your partner hire great attorneys, you will resolve the matter within a reasonable time to allow you to start life afresh. Thus, it will benefit you when your partner receives regular updates from their attorney on time and prompt responses to their questions and concerns.
Skilled and Effective Negotiation
A great attorney has excellent negotiation skills that will help during the divorce process. They will ensure you reach a mutual agreement and even settle some matters out of court. When your partner hires a great attorney, it could result in a quicker and more reasonable resolution. They will not waste time making unreasonable demands that could prolong the settlement. They could even opt for an out-of-court settlement that could save you time and money.
An effective negotiator will also ensure that your partner’s best interests are considered in the divorce. If you have children, they will fight for the children’s best interests. This gives you peace of mind, knowing that the people you care for are well taken care of, even after the divorce.
Strategic Planning
Most couples opt for a divorce when they cannot resolve serious underlying issues. In most cases, the couple does not have good communication terms. Making rational decisions becomes difficult, especially if they only want to fight or hurt each other. Great divorce attorneys can help such a couple calm down for better reasoning and decision-making.
A great attorney for your partner will choose strategic planning before starting the divorce process. They will insist on a solid plan that includes their interests, your interests, and everyone else involved, including children. A strategic plan will guide you and your partner through a smooth and effective divorce process. Regardless of your underlying issues, you can quickly agree on critical matters when a solid divorce plan is in place.
An In-depth Understanding of Local Laws
California family law is complex and could be difficult for ordinary people without legal knowledge. It could also be challenging to apply by inexperienced divorce attorneys. Your partner needs a great divorce attorney who is conversant with the state and local family law and can use that law for their benefit. A great attorney will understand what the law states about community property, alimony, child custody, child support, and any other unique issue in your case. This way, they can advise your partner about their rights and limitations.
A great attorney who understands local laws better will also ensure your partner is compliant with those laws. They will guide your partner in understanding court orders and other resolutions the judge will issue after the divorce hearing. You will likely encounter minimal issues during and after the divorce once your partner engages a skilled and experienced attorney.
Ethics and Professionalism
You deserve to be treated with respect during and after the divorce process, regardless of the circumstances of your case. When a couple is going through a divorce and fighting, they could cross boundaries and disrespect each other. Your attorneys must ensure this does not happen for amicable decision-making and a smooth process. If your partner hires a great attorney, they will handle you ethically and professionally, even if they blame you for the failed marriage. Your differences with your partner will not influence the attorney’s attitude.
Attorneys who can maintain professionalism even through a difficult divorce are the right ones to choose. Your partner’s great attorney will make the process smooth, even when you are not on good terms with your partner. They will ensure the interests of all parties are considered reasonably.
Qualities of a Great Attorney for Your Partner
Although divorce is complex for both parties, you can enjoy a smooth and successful process if you choose the right attorney. Divorce can be complicated when one partner makes a great choice and the other has a bad attorney. Thus, you can ensure your partner chooses a great attorney by advising or assisting them with the selection process. Some of the considerations you can make in selecting a great divorce attorney for you and your partner include the following:
Knowledge and Experience in Family Law
A divorce attorney's level of training and experience, especially in family law, determines their expertise in handling divorce cases. It helps to select an attorney with excellent training and a proven record of performance in family law. With their guidance and support, you will enjoy a smooth and effective legal process. If you and your partner choose competent divorce attorneys, the process will be easy and fruitful for both of you.
A Good Reputation
You also want to engage and refer a reputable divorce attorney to your partner. A good reputation depends on efficiency, proficiency, and availability. You can check an attorney’s reviews from their past clients to determine how reputable they are. You can also obtain referrals from people close to you, like your family, friends, and colleagues. They will likely refer you to an attorney whose services they enjoyed at one time in the past.
Open Communication
It helps to choose an attorney with whom you can comfortably discuss your family issues, fears, desires, and personal details. The attorney must be available, easy to talk to, and take the time to listen to and understand your situation.
Find a Competent Divorce Attorney Near Me
If you are going through a divorce, the process becomes easier if you can agree on most matters with your partner. This is made easier with the kind of divorce attorney you and your partner choose. If your partner chooses a bad or average attorney, their choice can affect the entire case and your interests. However, if they make the right choice, you will enjoy a smooth and fruitful process.
We can help you and your partner even through the most challenging divorce process at San Diego Divorce Attorney. We have excellent skills and experience in family law. We are available, willing, and ready to help you reach a mutual agreement. We have an outstanding reputation in San Diego and can demonstrate our excellent track record of performance. Call us at 858-529-5150 to discuss your case and our services more.
