The Purpose Of Getting Legal Advice For A Divorce
If you are contemplating a divorce there are probably many things running through your mind. While the decision to go ahead and file for divorce is not easy, perhaps the hardest part comes after. What is going to happen to your children? What happens to your home? What about support payments? And what about the divisions of debts?
The issues are endless and are made only more complicated by personal emotions. Very few people can make objective decisions in emotional situations such as divorce. If you have decided to begin your new life without your spouse then your first order of business should be to find an attorney that you trust and feel comfortable with to assist you in this new chapter of your life.
There are many complexities to divorce law and process, and divorce may be one of the most difficult experiences an individual can go through . With so many questions surrounding you, it is in your best interest to seek out legal advice. Although depending on jurisdiction, some individuals may be able to represent themselves during the divorce process, a trained legal professional will be able to provide insight into your particular situation. Divorce attorneys are trained to see issues that might go unnoticed by individuals lacking legal experience. Further, a good attorney will be able to help navigate the complexities of the legal system and effectively advise you of your rights and options throughout the divorce process.
In the end, the most important thing to remember is that if you are getting divorced, you will almost surely need legal representation.
Where To Get Free Legal Advice
The first place to look for free legal advice for your divorce is at a legal aid society or nonprofit that helps people in your situation. Based on your income, they may provide significant legal advice or assistance, or they may refer you to the local court advisor where you have to file your divorce.
You may also be able to obtain free legal advice through law schools. Many states have law schools that use teaching fellowships to allow their students to gather hands-on experience in the field of family law while offering this service to you – the public – for free at the same time.
There are also many online resources available to you. You can join several Facebook groups or Google+ groups devoted to sharing answers to commonly asked questions related to divorce.
Free Legal Aid Clinics
One of the best ways to access free legal advice for your divorce is through the services provide by several organizations that offer free legal clinics. These clinics are generally operated through nonprofit organizations or volunteer lawyer programs that will provide guidance to individuals in need of representation in New Jersey family law matters and have an income level that is below established guidelines. These clinics usually offer a brief conference with an attorney to discuss the general issues in your divorce and to explain what the attorney believes are the most important steps you need to take.
The only caveat is that because they usually offer a one-time free consultation, you will be responsible for handling all of the action in your case yourself thereafter as you proceed through the divorce process. Considering that the cost of hiring a private attorney can be quite expensive, any advice is always a welcome relief when your pocket is being hit for so much money already.
There are a few options one can try when seeking free legal advice for their divorce. For example, several counties in New Jersey offer free monthly clinics that are generally divided between two different forms of clinics:
Some clinics may be attendance requirement, which means you must show up at a specific time to get your chance before the clinician. Other programs require you to apply first so the person administering the program can make sure you are eligible for services.
Pro Bono Legal Advice
Pro bono legal assistance is available through various organizations and firms where volunteer attorneys provide their skilled services for free. In addition, many law schools offer pro bono services, and each state has a legal aid society, which consists of attorneys working to meet the legal needs of low-income individuals in their state, that provides pro bono legal services.
Just as with free legal consultation services, to determine eligibility for free legal advice, or access to a pro bono divorce attorney, you will need to meet certain criteria. If you don’t have sufficient financial resources to hire an attorney, you can apply for legal aid through your state, county or local legal aid office. There are minimal requirements for obtaining legal aid. Generally, legal aid offices require that you have low-income or document a need for their services, that you provide them with documentation so they can verify your need for a divorce lawyer, that you haven’t been refused service elsewhere and that you complete the application process to get a legal aid attorney.
One benefit of opting for pro bono legal assistance is that many nonprofit firms have a much lower caseload than their for-profit counterparts, and as such, offer more personalized service. Additionally, because these attorneys are working pro bono, your case may get priority status and your attorney may work additional hours on your case.
Online Legal Advice Centers
Online legal advice platforms have become an increasingly popular avenue for those seeking free assistance throughout their divorce. These platforms are easily accessible and connect users with professionals who can provide legal guidance and help them navigate the complexities of family law matters, including child custody issues and provisions in divorce settlements. There are several well-known online platforms that offer free legal advice:
Avvo: The Avvo platform provides users with the ability to connect with a lawyer in their area or to ask a question about a legal issue of concern pertaining to their divorce. As lawyers answer these questions, those seeking assistance can view the advice and also ask additional follow-up questions about the advice provided. Lawyers are evaluated by those they represent (clients or other lawyers) and they are able to earn points via contributions to the Avvo platform and via client reviews .
Justia: Justia provides a wealth of information for divorce cases, including articles on family law and answers to common family law questions, such as addressing child support and divorce proceedings.
LawGuru: LawGuru has been answering legal questions for over 20 years, and they will assign your question to a vetted lawyer, or answer it themselves. Users can also obtain access to a world-wide network of lawyers specializing in many specific areas of the law.
Net Law Group: This organization provides free legal assistance online or the telephone, and there can be follow-up consultations to further address questions. Of course, if you are in immediate need of an attorney for a situation in your divorce, you should not rely on an online platform for help.
All of these resources are easily accessible and require that users select a category for their legal issue and then are directed to an online form to type their specific request.
Getting Ready For The Free Legal Advice Appointment
If you are considering legal help for your divorce, at some point you will be looking to meet with an attorney to discuss your case. Although you may not be sure whether you want to use the attorney, or whether you can even afford him or her, it is free! And I am not advocating someone commit to an expensive attorney they cannot afford just because they are "free" consults. However, there are some things you should bring with you and do prior to meeting with an attorney.
If we want to be able to give you a handful of free tips that could make an impact on your case, we will need to get as much information from you as possible in a short period of time. If you present us with more information, we can be more effective during the consult. In other words, we are trying to get the most bang for the buck for our limited time. For this reason, we will ask you questions such as: The more specific you can be, the better. One of the best ways to prepare for a consultation with a divorce attorney is by getting all of your important information onto one page. Because you will likely be devastated emotionally from your separation and divorce, it is very helpful to have your information and concerns written down and in front of you. This way you can focus on asking questions and becoming informed about the process, rather than worrying that you will forget to ask something or remember something strange. By getting your information on paper, we can quickly look over it and have most of your important information in front of us. Often times information will come up while we are talking that we didn’t think was important, but actually is. When we get to that point, it’s nice to be able to address the issue immediately instead of waiting until the next consultation, which can sometimes be weeks and months away. At the end of the consultation, we will attempt to give you a general outline of your energetic situation, our recommendations, the next steps, and what the financial investment will be to continue with us. We will also walk you through what the process looks like if you were to retain us. Hopefully after this appointment, you will be empowered to make a decision about how to proceed. If we feel like we are a good fit, and you agree, we can get started right away. If we don’t get along and we think we can recommend someone else who can help you, we will try to hook you up with someone we know and trust.
Limitations Of Getting Free Legal Advice
The provision of free legal advice is subject to limitation and is not subject to control or regulation by the state. Statutory law provides for the right to representation before the courts in civil cases and establishes the right to free legal aid in certain circumstances. Family law clients need to be aware that legal rights may be affected if an applicant is applying for free legal aid, even in a case where free legal advice is on offer. A distinction must be made between (a) free legal advice offered by a practicing solicitor and (b) free legal advice offered in order to complete a legal aid application. There is a difference between legal advice which can be provided and which can be obtained and which is covered by costs when a client engages a solicitor, as compared to the free advice which is extended to clients who require it in order "to get their house in order" when making the application to the Circuit Court.
Free legal advice offered by a practicing solicitor may be subject to limitation. It can only be provided by a registered solicitor at the Law Centre following the issue of a client file. Guidance is available on the Society’s website. It points out that free legal advice is generally only given where a person is fully covered financially and where a case may be complex. However, the advice may be limited in scope, such as the advice given on a cause of action or where the advice relates to a procedure that is to be followed rather than the merits of the case. It is also pointed out that the service may be limited by the professional and contractual obligations of the practitioner concerned.
In relation to free legal advice available from solicitors providing legal aid on behalf of the Department of Justice, Equality and Law Reform, it should be noted that a solicitor must obtain consent from the applicant to retain a copy of the application for free legal aid and that, on application for the purposes of legal representation, the Chief Executive Officer of the Legal Aid Board may refuse the application in certain circumstances. A solicitor cannot provide legal aid services and then subsequently require payment on a different basis outside the terms of the free legal advice scheme.
Alternative Ways To Settle Your Case
Alternative dispute resolution options such as mediation or arbitration are cost-effective solutions to divorce cases. The United States Supreme Court has said mediation is more effective than going to trial: In the mid-1990s, civil lawsuits in the United States were taking an average of 30 months and cost more than $50,000 in legal fees for attorneys. Since that time, the average time in which a case ended has been reduced to 18 months, with costs reduced to $25,000. The Supreme Court has said, "This is much better than the three years it was taking before alternatives like mediation came along." With regard to divorce actions, judges have been taking a much harder line about sending out the litigants to mediation before a date in court, because a judge’s docket is full and temporary orders can be first . Once mediation is ordered, each party selects a mediator from the Court’s domestic relations mediation list. A party will choose a mediator and pay $150 per hour. Most mediators work with both parties toward the aim of reconciliation while separating the parties at the same time. Failing to complete mediation satisfactorily can lead to a sanction by the judge, such as a dismissal of the case. Divorce mediation is rare for individuals of higher incomes because it is considered not as necessary. It has attracted more attention among lawyers in the past two years and is becoming a more accepted practice.