What should you look for in your Louisville divorce attorney? Most people haven’t been through a divorce and many aren’t sure of the questions to ask their family law lawyer. In fact, many divorce cases in Louisville and throughout Kentucky are initially filed without an attorney. The reality is the majority of these cases cannot be completed before both sides seek effective representation.
The most important thing you need to know about a divorce is this: the primary source of expense in a divorce is genuine disagreement between the parties and the inability to work it out on their own. This is especially true when the divorce involves a strong personality, or disorders such as narcissism, bi-polar disorder or some other form of personality disorder (did you know there are 10 specific types of personality disorders?).
Why Do You Need a Lawyer for Your Divorce?
Why do you need a lawyer for your divorce and what should you look for in your Louisville divorce attorney?
If you and your former spouse are in absolute agreement about every detail of the divorce you will simply need help getting the paperwork in order and ready to submit to the Court. But what happens when the former spouses are not in total agreement?
One of the biggest mistakes anyone can make in a divorce is to take legal advice from their spouse. Unfortunately, this is quite common. We often counsel clients who have been convinced by a spouse their position is unreasonable or not legal. It is rarely, if ever, in your best interests to take the advice of your former spouse when it comes to a divorce. Unfortunately, this can also extend to well-meaning friends and even family.
One of the primary reasons to have a lawyer in your divorce is to protect your interests in areas where you have a disagreement with your spouse. You need to know what the law has to say about the specific issue at hand, as well as how it may be generally approached in similar situations.
There are often times there are actions you can take to improve your own position, especially in terms of child custody and visitation. Your divorce attorney is an experienced guide who is there to help with each of the important issues and decisions you will face.
The divorce cannot be completed until every issue associated with the divorce has been issued. This includes issues involving children such as custody and visitation but also extends to domestic violence or child abuse. What are your goals as a parent? What are the best strategies to accomplish those goals?
There are as many reasons for people to disagree during a divorce as there are divorces, however the most common contentious issues include:
- Child custody and parenting time
- Property Distribution and the Family Home
- Business or Professional Practice Valuation and Division
- Retirement and Investment Account Identification and Division
- Maintenance (Spousal Support)
Financial Issues Such as Retirement Accounts or the Ownership of a Business Interest Require Sound Legal Advice
What should you look for in your Louisville divorce attorney? If your divorce involves any form of retirement account, 401(k) and/or pension you will need a divorce attorney with extensive experience in these cases, as well as an attorney who can provide important insight into the impact of taxation on your divorce.
Many people make unfortunate mistakes regarding the division of retirement accounts or the ownership of a business during a Louisville divorce. This is another reason why . Kentucky law provides for the division of any “marital interest” in a business or retirement asset.
Retirement accounts and pensions are one of the best examples of why it is important to work with an attorney. A mistake in the division of retirement asset(s) and the associated orders (such as QDRO or “Qualified Domestic Relations Order) can literally cost the average person tens, if not hundreds of thousands of dollars.
Are you the owner of a company? Does your spouse own an interest in a business? When a business asset is part of your divorce the first step will be to ascertain if the asset is joint or marital property, separate property of the owner, or a blend of the two. The asset must go through the process of “valuation” and the interests of the parties could not be more conflicted. The owner of the business wants the valuation of the company to be as low as possible in order to reduce the amount they will have to pay or offset in order to keep their business. It is in the interests of the spouse of the business owner for the valuation to be as high as possible in order to maximize their marital share of the company.
If your former spouse gets a lawyer, you need to have your own independent attorney. If you are concerned that your former spouse may not be completely forthcoming (or downright dishonest) you need your own attorney. If your divorce involves children, retirement accounts or pensions, business ownership or other substantial assets or controlling personalities it is best to have your own experienced and independent counsel.
So, What Should You Look For in Your Louisville Divorce Attorney?
Your divorce is unique, and only you know the things that are truly most important to you. What are the issues that keep you up at night? Protecting your interests and helping you to achieve the best possible outcome is the reason to have a good divorce attorney.
A divorce doesn’t have to be acrimonious. There are many times you will need reliable, reasoned and dependable advice and insight.
But, what should you look for in your Louisville divorce attorney? The first answer is years of experience. Nothing can replace the value of experience in your attorney. Look for an attorney who has “been there, done that.” You want a family law attorney you feel comfortable with who can guide you through the process from an objective and knowledgeable point of view. When is it best to compromise? When are the right moments to stand firm in order to protect your goals and interests?
Look for a family law attorney with the expertise to give genuine tax advice. There are many important financial decisions to be made and it is important to understand every aspect of the transaction at hand.
Look for an attorney with trial experience and a proven track record of success. There are many issues that can be resolved by our divorce attorneys through effective negotiation. Mediation is a common tool in cases involving disagreement between the parties. When your priorities and greatest concerns are on the line, it will be important to be able to count on your divorce attorney to take the matter before the Court in order to protect your interests and accomplish your goals and objectives.
There are times when you will choose to direct your own conversations. There are others when it is best to allow an experienced advocate to represent and protect your interests.
Look for a family lawyer or law firm who has served the Louisville area for decades. You should also look for an attorney who is easy to talk to and with whom you feel comfortable. You will need a skilled attorney who can help you to understand each issue along the way and help you to accomplish your goals and objectives.
Dodd & Dodd invites you to review the strong recommendations of our former clients and the legal industry. Our experienced Louisville family law attorneys provide accurate analysis and insight of your unique circumstances. We help our clients to work through and separate the emotion of the experience from the issues at hand. This not only helps to resolve matters more quickly and cost-efficiently, it helps our clients to make important decisions with a clearer and more informed mind.
Now that you know a little more about a divorce and what should you look for in your Louisville divorce attorney we invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
