Asking the Right Questions

You should know:
How many cases of my type has the Atlanta Divorce Attorney handled?
You want an attorney who has done a large enough number of cases exactly, or very similar to, your own. In other words, you don’t really want your attorney to be learning as he or she handles your case. If you are paying by the hour, for one, it would end up cost you more, and for another, a non-experienced attorney could miss things that a more experienced one will spot.
How well does the Atlanta Divorce Attorney know your court?
How well does your Atlanta Divorce Attorney and the Atlanta Divorce Attorney’s staff communicate with you?
A good Atlanta Divorce Attorney knows how to communicate. Does the attorney and his staff write well? Are you easily able to understand they say in emails or other written communication to you? Chances are that this same style will be used in documents filed with the Divorce Court so pay attention to this.
Are you comfortable in your dealings with the Atlanta Divorce Attorney and his or her staff?
A good Atlanta Divorce Attorney is one who you are comfortable with. Does the attorney or the attorney’s staff, make you feel ill at ease? Do you feel like you’re not much of a priority when you interact with the attorney or staff? With the next chapter of your life at stake, you don’t have time to deal with additional emotional clutter brought on by feelings of lack of trust or insecurity when you deal with the attorney and the legal staff.
Can you ask and get a flat fee if your case is uncontested?
Some lawyers will just charge a flat fee, based on certain tasks and court filings usually done for an uncontested divorce. You should ask for this if your spouse is not contesting your divorce. If you have a contested matter, ask how much the retainer is, but also ask if there is a difference between the hourly fee charged against the retainer when the attorney is working on your case outside court, and when the attorney is in court on your behalf. Ask for an estimated fee for the whole case, based on similar previous cases. Are there any refunds ever? Is there a payment plan available? How are payments broken down?
Does the Atlanta Divorce Attorney have personal experience with the family law arena?
Has the Atlanta Divorce Attorney been married and, or, divorced? Does the Atlanta Divorce Attorney have children? Lawyers are human beings too, breathing and bleeding like everyone else. A divorce lawyer with personal experience in the family law arena is likely to have more empathy for you than an attorney who has never had to deal with sensve family matters.
Should you retain a male or female lawyer?
A man or a woman lawyer does not make a difference. A good lawyer can represent either sex. Men’s attorneys or women’s attorneys tend to use this as a marketing gimmick more than actually doing a more effective job for their male or female clients. Ask whether the attorney is comfortable representing a man (or woman)? Ask if he or she can refer you to a good lawyer who is a man (woman)?
In a contested divorce, you should ask if the attorney is friends with your spouse’s attorney.
This isn’t supposed to matter, but you will most likely feel more comfortable knowing that your Atlanta Divorce Attorney and your spouse’s attorney don’t hang out together after work hours. In all likelihood, it wouldn’t affect your case, as attorneys are bound to represent you to the best of their ability and besides, the competitive instinct is sure to kick in when faced with an attorney friend in the courtroom, however, you might always wonder if the friendship had something to do with it if things don’t go your way completely. Yet one more additional thing you do not need on your emotional plate during your divorce.
Can the Atlanta Divorce Attorney lawyer ethically represent both you and your spouse?
How aggressive is the Atlanta Divorce Attorney?
A skilled divorce lawyer, one who knows how to negotiate and mediate is often better than an aggressive trial lawyer. So, ask the attorney if he or she tries the negotiation route before aggressively attacking the other side, which only makes them want to become much more aggressive in return. Also, when you mediate, you come out of the divorce feeling less acrimonious towards your spouse and usually with more money left in your pocket.

Ask as many questions as come to mind and do follow your instincts. Don’t hire an attorney who makes you feel uncomfortable just because you heard that he or she is a really good attorney. You want experience and talent, yes, but if you feel uncomfortable sharing your situation with the attorney, it will make an unpleasant situation (getting a divorce) worse; at the least, you should feel better having the attorney you retain on your side.

Will moving out of my house reflect poorly on my case?

Every case is different, staying in the marital residence alongside your spouse once a divorce has been filed is in my opinion an indicator of insanity. Ceding the temporary use of the house prior to an emergency hearing may demonstrate to the judge who is the responsible party, who has the children’s best interest at heart. I preach to my clients that long term benefits easily outweigh short term gains.

As a last resort I will frequently advise that my client’s give their spouse as much rope as they need to hang themselves. If your husband cheated on your during the marriage he is unlikely to stop during the divorce. If your wife was a hopeless alcoholic while you were together a divorce action is unlikely to convince her to sober up. Documentation and proof are your best allies.

However, if your children are at risk then all bets are off regarding generalized notions of what is the best strategy in how to proceed. Protect your children first ask questions later,

When should I retain an attorney?

Often we are retained several months prior to one of the parties actually filing for divorce. Although we are retained by one spouse the other party is completely unaware of our representation. There are several benefits to hiring an attorney well before you file for divorce. First and foremost we can help you document and investigate both your spouse’s finances and conduct. Prior to filing a divorce action we often call upon the services of private detectives, forensic computer experts and accountants to establish the evidence we need to present your case for maximum effect. Knowing what to do before you file for a divorce can be just as important as knowing what to do once the paperwork has been filed.

If you feel that you could benefit from thoughtful experienced legal advice feel free to contact any of our divorce law offices in Atlanta, Alpharetta or Lilburn. Visit our guestbook.

The Uncontested Divorce
It is a common misconception that an uncontested divorce is a type of divorce; it’s not. When you go to the courthouse you don’t file an uncontested divorce. The uncontested part of the divorce is the settlement agreement that is attached to the divorce; it is stage that you reach in a divorce proceeding marked by agreement. Fundamentally, if you don’t have a settlement agreement, you don’t have an uncontested divorce. Don’t make the error of putting the cart before the horse. If you don’t have an agreement, you don’t have an uncontested divorce; even if you want one the other side might not agree to your terms. If you and your spouse can agree on the terms of the dissolution of your marriage then filing an uncontested divorce is the most reasonable way to proceed in your divorce case.

What are the benefits of agreeing to the terms of your divorce? First, anytime you can agree to anything in your case it’s much cheaper. What are the disadvantages of agreeing to the terms of your divorce? Well none if you can agree to the terms. The question is what are the terms of the divorce? If you are satisfied with the terms of your divorce settlement then you have an uncontested divorce. Realistically people who have been married for a long time, have significant assets or very different parenting styles may not reach the uncontested stage of the divorce proceedings as quickly as a couple with no children, no property and little time together.

Collaborative Divorce
Taking a collaborative approach to divorce is often the most sensible solution to reaching an agreement when the parties can work together to resolve their differences. It does not work if one spouse is uncompromising and refuses to moderate a position, especially an extreme position. To be clear sometimes being uncompromising is exactly the right, perhaps the only way to be. In those situations a litigated divorce is the right approach.

Litigated Divorces
Litigated divorces have certain advantages. Although litigated divorces can get expensive there are some definite reasons you may want to consider having your divorce litigated. Probably the most important reason to have your divorce litigated is because you don’t trust your spouse to deal honestly with the issues that surround the breakup of your marriage or the terms that are offered by your spouse in the divorce settlement are not acceptable.
Frankly, litigating a matter is the most exciting aspect of an attorney’s job. There is a reason very few television shows don’t feature dramas about lawyers who draw up settlement agreements. Although some attorneys enjoy trying cases, and I for one rather enjoy trials, ultimately whether the case is tried or not is your decision.

We are happy to be of assistance whether you simply need help filing and drafting an agreement, need a counselor to advise you through a collaborative divorce or ultimately if you want us to champion your cause in court we are happy to help.

Divorce Lawyers and Divorce Attorneys providing quality family law services to clients in matters of divorce, child custody, alimony, legitimation, and division of marital property.Visit our guestbook.

Child Custody
Obviously, having your children become pawns in a heated domestic disputes is one of a responsible parent’s greatest fears. When a Divorce involves children, likely the most important issue is the custody of the children. The hope is that the divorcing parents can reach a resolution that is in the best interests of their children. Often, however, parents can have dramatically different ideas as to the appropriate arrangements for the children. In such a case, where both parties sincerely have the best interest of their children at heart, a divorcing spouse should consider being sensitive to the wishes of the objecting spouse for the sake of their children. Sometimes however, rather than a failure to see eye to eye on a particular issue, one parent is well, a hot mess, and the need to protect your child or children from further influence by the offending parent is to zealously fight to limit access the offending party’s access to your children.
Each family is different and the challenges each parent faces are unique. The resolution of child custody disputes is often complicated and the details can be very important in how your children transition through this very difficult time in their lives. Visit our guestbook. Our firm has experienced and knowledgeable attorneys who can assist you resolve child custody disputes. With more than 20 years of combined experience, the attorneys of The Law Offices of Martin M. del Mazo have helped parents find a solution to this difficult issue. We will help you find the resolution that is in the best interests of both you and your children.
Kids see things differently that adults.

Alimony
There have been significant changes in the law since the 1970′s when courts routinely awarded one spouse periodic alimony payments that amounted to transfer payments of nearly half the payor’s future income. Although this type of award is not generally very common today the reason for this is more a matter of policy than law. As more couples hold down full time jobs the perceived need for alimony payments has diminished in some judges eyes. However, alimony is a big factor in many divorce proceedings especially where there is a significant income disparity between spouses or where children are involved. Visit our AskBee guestbook.
In Georgia, child support is a form of Alimony. Smith v. Smith, 254 Ga. 450, 451 (330 SE2d 706) (1985). For this reason the trial court is vested with significant powers governing awards of alimony.
Metro Atlanta Divorce Lawyers and Divorce Attorneys providing quality family law services to clients in contested issues of alimony.

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Law Office of Martin M. del Mazo

Atlanta Divorce Attorney

750 Hammond Drive

Building 12, Ste. 200

Atlanta, Georgia 30328

Law Office of Martin M. Del Mazo
Atlanta Divorce Attorneys
750 Hammond Drive
#12-200
Atlanta, Georgia 30328
770-935-8999

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