There are a number of reasons not to go pro se. Perhaps one of the things to consider is that custody of your children is being determined.
After you’ve finally made the decision to hire a divorce lawyer, there is another big decision which you must make. You must decide whether to hire an attorney or file on your own. While you may certainly choose to file for yourself, it is highly advised to hire an attorney. When your case involves intricacies such as spousal support or child custody issues, there are numerous legal issues that come in to play. This is why hiring an attorney with experience in navigating through dense rivers of legal content is highly recommended.
There are many nuances in the law of which lay people are unaware but are common knowledge for an experienced divorce lawyer. Making a mistake can prove costly. For example, Louisiana Civil Code Article 114 states, “[a]n award of periodic support may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary. The subsequent remarriage of the obligor spouse shall not constitute a change of circumstance.” If a spouse seeks to have the other spouse pay more periodic spousal support or one seeks to pay less, it is highly advised to seek professional counsel. He should be able to know exactly what needs to be presented to the court in order for a modification pursuant to Article 114 to be granted. Issues such as this are why it is ill-advised to proceed pro se.
Another hotly contested issue is child custody. Each parent is fighting over their child, but more often than not, the party does not know what the court considers in awarding child custody. There are a whole list of factors which the court must consider when making a child custody award. An experienced divorce lawyer who knows your case like the back of his hand should know precisely what evidence to present to show that you should be awarded custody. Likewise, he most likely will present evidence to show why your former spouse should not be awarded custody.
After you’ve come to the conclusion that you are going to hire an attorney, it’s important that you select the right one. When choosing a divorce attorney, chose an attorney to whom you can relate. It’s not enough that the attorney tells you he’s done cases similar to yours many times. Each case presents unique facts and circumstances that deserve an attorney’s undivided attention. After you’ve laid out your particular circumstances to the attorney, you should make sure he understands the precise solutions to your goals. For example, when filing for divorce and you are seeking spousal support, it would be helpful to provide documentation of your spouses’ income. This will lay out everything and will let the attorney know beforehand how to effectively go about advocating for your position. While having nice office furniture and glamorous art décor may be attractive, do not let that be a factor in your decision making process. A nice office can be interpreted as being organized; it does not mean that the attorney is always prepared.
You want to hire an attorney who asks you questions and can regurgitate the facts right back at you. Not only that, you want an attorney who can offer you solutions to those facts. When speaking to the attorney at the initial consultation, it is important that you get his assurance of being timely in all forms of his communications; both with you and the court. Being late in filing documents can have prejudicial effects to your case. That is why it is of extreme pertinence to hire an attorney who is punctual. More often than not, people wander into law offices without first researching the law on their own. If possible, it is advised to conduct your preliminary research so that you understand what needs to happen and how your attorney can make it happen. Having this foundational knowledge will allow you to understand what your attorney is doing, thus assuring you that he is doing his job.
More Louisiana Divorce Lawyer Questions and Answers
If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
General Topics of Louisiana Divorce Attorney Law
This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.
Louisiana Community Property and Divorce Attorney Example: Greg and Gina
In Louisiana, property which a person possesses while married can be classified into one of two types: community property or separate property. This article provides an example of this.
