Category: Divorce Lawyer

Choosing the Right Lawyer for Your Divorce

Going through a divorce that involves claims for child custody, child support, spousal support, and/or division of marital property and debts involves making difficult decisions that can impact your life for years to come. One of the most important decisions that you make will be your choice of an attorney. The attorney you choose can make a big difference in the experience you have with the legal process, as well as the outcome of your case. Hiring an experienced and qualified attorney to represent you before or soon after separation can help to ensure that you make informed decisions and that your rights and interests are protected.

According to the North Carolina State Bar’s website that provides real-time information, as of October 24, 2016, there were 750 lawyers in Buncombe County who were active and licensed to practice law. With hundreds of lawyers in the Asheville area, how do you choose the attorney that is right for you?

The following suggestions can provide guidance to help you choose an attorney for your divorce or family related matter that you are compatible working with and who has the background and experience to effectively handle your legal matter:

  • Choose an attorney who focuses their practice on family law – the area of the law in which you need assistance. Laws and legal procedures are always changing. Attorneys who devote their practice to family law are more likely to be up-to-date on changes in applicable laws, more familiar with local Family Court rules and procedures, and in general, more equipped to provide you with seasoned advice and guidance.
  • Ask family and friends for referrals. However, remember that each case is unique. An attorney may be successful in helping a friend resolve a child custody dispute, but it does not mean that attorney is the best fit for representing you in a complex or high net worth divorce.
  • Do your research. Check out a potential attorney’s background, education, certifications, and other qualifications.
  • If you are relying on information on the Internet to find a divorce lawyer in the Asheville area, you may be overwhelmed by the sheer number of attorneys and law firms. Pay attention to websites that rely on “client review” or “peer review”, such as Martindale.com or AVVO.com to rate attorneys. Those websites provide reviews and ratings from other attorneys and clients, not just paid advertising.
  • If your finances permit, have a consultation with two or three attorneys so that you have a baseline for comparison.
  • Choose a family law attorney that you feel you can trust to give you good advice, guidance, and legal representation. Listen to your instincts.
  • Be wary of an attorney who offers an unqualified assurance that he/she can get you a certain result. In North Carolina, it is unethical for an attorney to guarantee a client a specific outcome. No one can predict what a judge or jury will do or how a case will be resolved.
  • Before you hire an attorney, make sure you clearly understand how you will be charged for services provided by the attorney, associates, paralegals, and other staff, as well as for any expenses for which you may be billed, such as postage, copies, and depositions. If you have concerns about how you will pay your attorney’s fees, talk to your attorney upfront to see if any special arrangements can be worked out.

Divorce is complicated. Choosing an attorney should not be. The attorneys at Siemens Family Law Group focus their practice exclusively on family related legal matters. Our team of experienced family law attorneys and trained support staff work hard to ensure that your needs are met throughout the legal process. Our attorneys are skilled negotiators and experienced trial lawyers who are committed to helping you achieve fair and effective remedies to your family related legal problems. If you are in need of legal representation for a divorce or other family related matter, contact our office. We can help.

This article is intended for information purposes only and is not to be considered or substituted as legal advice. This article is based on North Carolina laws in effect at the time of posting.

Jim Siemens named 2016 Super Lawyer

Jim Siemens has been honored as a 2016 Super Lawyer, included again in North Carolina’s Family Law category. Jim was first recognized by Super Lawyers in 2012.

The Super Lawyers selection process combines peer review and evaluation with independent research.  Once nominated, lawyers are evaluated based on indicators of peer recognition and professional achievement, then reviewed by practice area.  The final Super Lawyers list includes no more than 5 percent of North Carolina lawyers.

More information about Jim and the Super Lawyers honor can be found on Jim’s Super Lawyers profile.

Some Do’s and Don’ts of Divorce

 Like it or not, people going through a divorce may find themselves in situations that quickly become very contentious, even when both parties agree that it is in their best interest to part ways. Below is a list of “Do’s and Don’ts” from www.Findlaw.com, that might help to prevent this difficult situation from becoming unbearable.

THE DOs

DO be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases.

DO support your children through the process. It is even tougher on them than it is on you. Don’t make them pick sides.

DO let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements. Your spouse might think you’ve made a run for the border – and if your soon-to-be-ex has to ask the police to track you down, that won’t look good during custody or visitation hearings.

DO fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final.

Do ask your attorney if anything doesn’t make sense. Your attorney works for you, and should help you understand every part of the divorce process.

THE DON’Ts

DON’T make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized.

DON’T violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer.

DON’T “give away” property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets.

DON’T go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected.

AND A FEW WE’VE ADDED:

DO come to your meetings with your attorney prepared with updates and requested information.

DO engage the services of a therapist to help you through the emotional aspects of divorce.

DO engage the services of a therapist to help your young children understand family changes that result from divorce, and

DON’T discuss your case and/or your attorney’s advice with friends and family.  Bear in mind your disclosures may create witnesses if settlement efforts break down.

 

Sharpening the Saw

A few months ago I posted about a Covey Leadership training the Siemens Family Law Group attended.  I have watched the group practicing the habits since, and I think we have all gained personally and professionally.  I know everybody has practiced the 7th habit, because we have all taken some time off this Summer.

This week, I have taken a couple days at the beach.  Before I return to the office, I want to post about that 7th habit of re-creation, what Covey calls “sharpening the saw”.

The metaphor goes like this: you can’t saw wood all week and expect the saw to perform the same way Friday as it did when you started Monday.  The saw needs to be maintained, it needs to be sharpened.  You might say you have too much wood to cut to take time to do the sharpening, but that will only make the saw dull and ineffective.

I have encouraged every member of SFLG to take time off this Summer, for good reason.  Time away from the job allows for re-creation.  An opportunity to rediscover talents and interests.  An opportunity for fresh perspective and insight.  I know I am coming back sharper, with more ideas and a renewed desire to care for clients.

But the real message here is for clients and prospective clients.  Separation and divorce are some of the toughest life experiences humans endure.  In the past 24 months, I have known clients, and their former partners, who have become so overwhelmed by the circumstances and events of their lives that they experienced tragic consequences. I believe they forgot to care for themselves along the way – they neglected to sharpen their saw.

You can’t afford not to take care of yourself.  Take a day off and take more if you can.  Go for a ride, a run, a hike.  Read, paint, play music.  Do whatever it is you used to do that brought you joy.  Re-create yourself.  You will be happier for it, and better able to manage whatever comes your way.

We want our clients to do their best to take care of themselves.  Clients who know how to sharpen the saw are better able to follow our advice, make better decisions, and help us to get better results.

Stay sharp and count on us to do the same.

Finding an Asheville Divorce Lawyer

If you are reading this entry, you are probably contemplating separation from your spouse.  Or maybe you have already done that.  You probably have questions about the law, and how the law applies to you.  You are likely under a tremendous amount of stress from the life changes you are experiencing.  You are looking for a lawyer to answer questions, to solve legal problems, and to provide wise counsel.

Finding the right divorce lawyer at this stage in your life is critical.  Take control of finding the right divorce lawyer in Asheville by following some of these tips.

  1. Interview divorce lawyers until you find someone you are confident understands you and understands your case.
  2. Ask yourself whether you like the lawyer you are meeting with.  If you don’t feel that you have established a rapport with your lawyer during the initial consult, you may want to move on.
  3. Remember, if the lawyer you are consulting doesn’t stand out to you, chances are your lawyer is not going to stand out to the opposing party, or the Court.
  4. When you interview divorce lawyers, assess whether they have time for you and your case.  Too much time is a bad sign.  Too little time can also be a problem.  Your divorce lawyer is working for you, ask if they can commit to provide you the time and attention you deserve.
  5. Pay attention to your divorce lawyer’s office.  Do you get the impression that the office is organized?  Is the atmosphere professional?  Is attention paid to confidentiality?  Do you get the sense that office staff is happy and ready to serve you?  If your answer to any of those questions is no, you may want to move on.
  6. Being a divorce lawyer is hard work.  But that doesn’t excuse your lawyer from explaining what he or she is doing for you, in as much detail as you desire.  Your lawyer should be able to articulate a strategy to achieve your goals, at every step of the process.  Your lawyer should be able to demonstrate competence under pressure.
  7. Determine how your divorce lawyer is going to communicate.  Some divorce lawyers in Asheville still don’t use email.  Some don’t have smart phones.  Being able to communicate with your lawyer is going to be important.  Determine how that will happen.  Determine how quickly the divorce lawyer you are going to hire can return your call or email.

These seven tips should empower you to choose your Divorce Lawyer in Asheville.  Make the right choice at the outset.

Choosing a Divorce Lawyer in Asheville

How to Choose a Divorce Laywer

http://www.ashevilledivorcelawyer.com The divorce process is life changing, high stress and of serious consequence to you and your loved ones. Finding the right divorce lawyer at the outset is critical to the outcome. This piece provides an insiders guide to choosing a divorce lawyer in Asheville, N.C.. With a practice devoted to Family Law, the lawyers at Siemens Law Office, P.A. have the focus and expertise to help you navigate complex legal systems and to counsel you at critical junctures in your case.

For more information please visit Siemens Law Office, P.A