If you are concerned about the future of your marriage, your children’s future, and your finances, the last thing you want when you’re looking for professional guidance is to have a sleazy and unethical lawyer talk you into doing something that you’re not sure that you actually want to do. And so it is understandable to be concerned about speaking to a divorce attorney for the first time. It can feel like the equivalent of going to a car dealership to consider a new vehicle but knowing that you are going to be descended upon by guys in suits eager to do whatever it takes to make a sale.
The bad news is there sadly are lawyers who may place their own interest in getting a new client over your best interests in determining whether to proceed with divorce, but the good news is there are many ethical and compassionate family law attorneys out there who will take the time to listen to your story, explain your options and potential outcomes, and give you the time and emotional space to figure out what is best for you.
Be Wary of Free Consultations With Family Law Attorneys
Many, if not most, experienced family law attorneys do not provide free consultations, in the same way that you see free consultations advertised for personal injury attorneys and others. Is this because family law attorneys are greedy, unwilling to offer free help?
Quite the opposite. First off, personal injury cases are almost always pursued on a contingency basis, meaning the lawyer doesn’t take a legal fee unless money is recovered. Thus, every consultation with a personal injury attorney is “free” in a sense until your case is won, and the purpose of the consultation is primarily for the attorney to determine whether you have a winnable case.
Family law is very different. Anyone who wants a divorce can get a divorce has the power to get one, so it’s not a matter of “winning” or “losing” a case. But there will be implications for your children and your finances, and the purpose of a consultation with an attorney is not to help the attorney determine whether you can win, but to help you as the client determine your options. And most experienced attorneys will charge for that without the pressure to push you into going forward.
Following from that, if you did have a free consultation with a family law attorney, there is a good chance that attorney is hoping to talk you into representing you in a divorce. Certainly, some lawyers offer pro bono services, but a “free consultation” is often a sales pitch. And that’s the last thing you need when you’re trying to figure out one of the most important decisions of your life.
Search Around For a Lawyer That Seems Like a Good Fit For You
To put it bluntly, any attorney who tries to talk you into a divorce that you would otherwise not pursue is not a lawyer with whom you want to work. An attorney can and should provide you with a full understanding of how state law and a judge might look at your particular situation with regard to custody, visitation, property distribution, and spousal support. Furthermore, an attorney can help you with pursuing a restraining or protective order if there is abuse, but only you can make the decision whether to pursue divorce.
Finding an attorney you trust to do this on your behalf may require speaking to a few attorneys or at least reading the material on their website to get a sense of whether they seem like they will have your best interests at heart. But taking a little extra time at the start to find the attorney who is a good fit for you can save you from enormous heartache down the road.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.