Archive for the ‘Selecting a Family Law Attorney’ Category
Selecting the Right Family Law Attorney: Keys to Making the Right Choice
Friday, April 22nd, 2011While most people are aware that they need a “good” family law attorney when going through the divorce process in Florida, few people understand exactly what differentiates divorce attorneys. Family law is unlike many other areas of law because the issues are emotional, deeply personal and their resolution can dictate the quality of your interaction with your children as well as your financial future for the rest of you life. This means that you must evaluate both your preferences and the nature of the divorce that you expect when evaluating whether a particular divorce attorney is right for you. We have provided some basic considerations that typically factor into choosing the right family law attorney for your case.
Contested vs. Uncontested Divorces in Broward County
One of the first considerations when selecting an appropriate divorce attorney is an honest assessment of what type of divorce you expect. If you and your spouse agree on most or all issues, then you will want to look for any attorney who can efficiently handle uncontested divorces in a cost-effective manner. Our Broward County family law attorneys know that the best resolution to a divorce is one that leaves you in the best position possible which includes minimizing the costs of litigation. If you and your spouse seem to agree on most issues, we can evaluate a possible settlement solution to make you aware of potential traps or mistakes that may cost you money and aggravation later. Once all issues have been resolved, we can help draft the paperwork and guide you through the appropriate court procedures to make sure that the agreement is given effect and that your divorce proceeds efficiently.
A divorce that will involve contested issues requires a different skill set. If you and your spouse strongly disagree on a parenting plan for your children (i.e. time share arrangement), you will need a family law attorney who is experienced and comfortable handling potentially high conflict custody cases. While all divorce attorneys will try to resolve such issues through artful negotiation to save you money and everyone including your children anxiety and stress, sometimes these emotional issues cannot be resolved through negotiation. Broward County family law courts use the “best interest of the child” standard to make custody and visitation orders in a contested divorce. The court has a long list of factors that they will weigh in making this determination. We carefully investigate each factor as it applies to your child so that we can provide a realistic assessment of what the court might do and advise you about your range of options.
If you do not have children or generally agree on custody and visitation issues, you may face serious issues with regard to property/debt division or spousal support. The real question here is the complexity of your marital estate. Certain types of assets will make your divorce more complicated including:
- Division of a family business
- Resolving interests in a professional practice (lawyer, doctor)
- Valuing and distributing interests in stock options
- Dividing retirement plans, 401Ks or other deferred compensation plans
- Other intangible or difficult to value assets
Many times these cases requires use of a forensic accountant or at the very least a family law attorney who has extensive experience in evaluation and division of more complex assets. We have experience in the business world so we are familiar with complex business financial transactions and business structures. We utilize this experience and experts where necessary to help our clients obtain their fair share of the marital assets.
Personality and Compatibility
Family law attorneys vary greatly in their personality and demeanor. Some attorneys are extremely aggressive while others prefer to avoid high conflict divorces. This is a broad range so most family law attorneys fall somewhere in the middle of these extremes. However, it is important to work with a divorce attorney who you feel comfortable with and whom feels like a good fit for how you would like your case to proceed. You may be fairly confident that your divorce is going to be very contentious because there are already allegations of abuse, domestic violence or substance abuse. In such a situation, you will need a divorce attorney who has a great deal of experience in litigating more complex and contentious divorces. On the other hand, an attorney who is always looking to “scorch the earth” may create dispute and conflict where there is room for agreement. A family law attorney who wants to litigate every trivial issue may be not be serving your best interest because the more litigation that is involved in your divorce the higher your legal costs. The point is to pick an attorney whose demeanor seems suited for the way you would like your case to proceed.
Compatibility with an attorney also is very important. Florida divorces that involve highly contested property or child custody issues can last more than a year while even the most efficient divorce last six months. The most effective family law attorneys form a team with their clients, which is based on candid straightforward communication. If you are comfortable with your attorney, it will promote cooperation and open communication. This communication is essential to obtaining the best possible solutions in your divorce.
Experience and Specialization
Unless you have a very straightforward and simple divorce, you should seek out a family law attorney that has a lot of experience and focuses most or all of the attorney’s practice on family law issues. Attorneys who focus their practice on family law are in court resolving divorce issues daily. This experience and focus means that they are well versed at providing skilled negotiations, creative family law solutions and zealous advocacy when appropriate.
Our Browrd County family law attorneys have handled hundreds of family law cases from the simplest efficient divorce to very contentious divorces involving the most sophisticated and complex family law issues. If you are considering filing for divorce or have been served with divorce papers, we offer a free initial case evaluation. We fit our approach to the specific facts of your case so that we can obtain lasting workable solutions to your divorce issues.
We provide an initial no obligation free Florida divorce consultation.
If you or someone you love is considering filing for divorce in Broward County, or has any other family-law-related needs, the Broward County divorce attorneys of Eric N. Klein & Associates, P.A. may be able to help. To discuss your needs with us in detail and learn more about what we may be able to do for you, please contact us today by calling 954-580-8080.


