Why Hire a Consulting Attorney in Divorce
Most people are reasonable and don’t anticipate World War 4 in divorce.
If you and your spouse are capable of being mature adults, you may not need to hire a divorce lawyer to represent you.
You may only need a consulting attorney.
What do Consulting Attorneys do?
A lot of things! Below are just examples:
- You and your spouse have an uncontested divorce, but don’t know where to start. (Is your divorce uncontested?)
- Maybe you two agree on most things, but you’re not sure if you owe half your retirement AND alimony. Consulting attorneys can advise you on what the law is so you can better negotiate the terms of your own divorce.
- Perhaps you know you are entitled to half of everything, but you don’t know what half is and don’t feel like paying a hefty retainer to find out – what are your options?
- Consulting attorneys can review any documents and explain legal terms so you know what you are signing before you sign it.
- If you are in mediation, it is always recommended that you have a consulting attorney on the side to help you through the process.
- Consulting attorneys can also help you draft documents.
- If you end up going to Court, consulting attorneys can help you better prepare before you go. In some cases, consulting attorneys can be hired in limited scope to attend the hearing with you.
- Maybe you already have a lawyer, but you are just not happy, and want a second opinion.
Consulting Attorneys Can Help Eliminate Paranoia
Many a client has sang this same sad song: “My divorce was going fine until my divorce attorney threatened my spouse, and now he hired a pitbull lawyer and neither us of wanted this!”
Nothing induces paranoia more than a divorce lawyer.
If you (or the other side) hire the wrong divorce lawyer, you can inadvertently screw up your divorce.
Control Your Own Case Spending
Once you hire a divorce attorney to represent you, you are now at their mercy. They step in your shoes, and they will do whatever they want with your case.
Like, propound discovery, over and over again. (I’ve had clients complain that their attorney sent the same discovery requests for responses they already had, driving up fees!) Like file motions left and right, which really achieve no fruitful result. Like file fake restraining orders knowing they have no basis.
Consulting attorneys will do no such thing. You consult with them, and they tell you what to do.
Then you choose to do it or not. You are handling your own divorce, so you have total control.
Do Consulting Attorneys Represent You?
In general, no. Consulting attorneys do not represent you in full scope.
However, a consulting attorney may be able to provide limited scope representation for one task or one court hearing.
When Do I Need Representation?
This depends. Below is a list where I would recommend that you hire someone to represent you. It is not exhaustive.
- Domestic violence allegations.
- Hidden assets.
- Long term marriage where there is a power imbalance in finances.
- One or both of you refuse to compromise on any issue, and insists on “getting what you’re entitled to”, and are not interested in learning or applying the law.
- One or both of you only seek revenge, and are not interested in settling the real issues involved.
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