ARE ATTORNEYS NECESSARY? WHO PAYS THE FEES?

Although an attorney is not required in a divorce proceeding, each spouse should obtain separate legal counsel if there are issues in the divorce that may be contested and property rights to be determined. The same attorney cannot represent both sides in a divorce case since there will be a conflict of interest.

A husband or wife who employs an attorney should discuss with the attorney the fees and make satisfactory arrangements to pay them. Frequently an advance retainer deposit will be required to bill fees against.

In a contested divorce, depending on the circumstances, one spouse may be called upon to pay or contribute to the attorney's fees and court costs incurred by the other party.

Your attorney can advise you about your rights to custody, property and support. Your attorney can also prepare a separation agreement, assure that timely steps are taken to obtain a divorce and advise you when unexpected problems arise. Your attorney can also seek protection if your spouse threatens to assault or harass you, take your children in violation of custody or visitation rights, or hide property belonging to the marriage.

Emotional tensions in an unhappy marriage can make it difficult, if not impossible, for the average couple to deal coolly or objectively with divorce and separation. An attorney who is equipped with a broad background in counselling and negotiations, as well as a specialized knowledge of the law, can help a client be fully aware of his or her own rights and obligations in this complex field of law.

This Web site provides general information only. Laws develop over time and differ from state to state. This Web site does not provide legal advice about specific legal problems. Let The Law Firm of Evan H. Farr, P.C. advise you about your particular situation.