Basics of Family Law
Prior to your initial consultation with a family law attorney, you should have a basic understanding or familiarity with the major concepts of family law. Typically, these concepts include: (1) Divorce; (2) Child Custody; and (3) Alimony.
Divorce involves the dissolution of the marital bond between the husband and wife. Divorce in the State of New Jersey is granted when there is a "cause" for the divorce. "Causes" for divorce in New Jersey may include adultery, desertion, extreme cruelty, separation, or irreconcilable differences for six months or more.
Child custody is a term which is used to describe both the right to make important decisions for the child (sometimes called legal custody) , as well as the parenting time which each parent may spend with the child or children. Although formerly there was a preference for the biological mother of a child to be the custodial parent, this consideration is no longer appropriate. Neither parent has a "greater claim" to custody of a child. Through effective advocacy, however, the courts will seek to protect the best interests of the children.
Alimony refers to the right of a spouse to receive support from another spouse following divorce, which support is intended to provide for the needs of the spouse by encouraging self-sufficiency. In New Jersey alimony may be open-durational (limited duration) or rehabilitative in nature. Alimony terminates upon the death of either party, cohabitation of the recipient with an unrelated party or remarriage of the recipient.
Assessing Lawyer’s Experience and Area of Expertise
Following up with the above, make sure to find out what kinds of cases the lawyer handles frequently and what his or her track record is with those types of cases. When it comes to more common issues like property division, custody and spousal support, it is fairly easy for even the more novice family law lawyers to know how to handle cases that are within the range of the ordinary. That being said, what happens when one of the parties owns an interest in a business, is a professional with a free standing practice (like a dentist or physician) or if custody of the children is not a normal situation, such as having a child with special needs or where there is an addiction issue? Having an idea about the lawyer’s track record of handling the more complicated issues can give you a good sense of whether the firm will be able to handle your case from start to finish.
Discussing Legal Fees and Legal Cost
In similar fashion to the first and most important topic, the fees and what impacts them, the second issue you need to discuss with your lawyer is how the lawyer is going to charge you. No one goes to the dentist without knowing what they are in for. Consultations are typically based on time in the office. You shouldn’t have to pay more or be surprised by the bill when you receive it. Likewise, a lawyer should be able to tell you what your money will be spent on and how it will be billed to you. Most clients engage in lengthy conversations with the lawyers on their cases. Does your lawyer bill for every call or email correspondence? What about emails or letters to opposing counsel? When you hire a lawyer, you are generally quoted an hourly rate. From that point forward, every time you talk to your lawyer, that time starts ticking away. No matter if you stop in to ask a question or have a phone conversation. You would be surprised how quickly clocking will add up. How does your lawyer plan to bill you? Make sure you understand this basic concept before you leave the office after your consultation.
Understanding Case Path and Anticipated Results
You must discuss potential case strategies with a family law lawyer. Ask how cases similar to yours have turned out for clients so you understand what the likely outcome can be, and why. If a lawyer cannot explain a strategy and the results of cases, you can be sure your matter is unlikely to succeed. The second question about strategy is to find out how success is measured or described by the lawyer.
Communication and Responsiveness
Effective communication and accessibility are essential components of a successful attorney-client relationship. Points to discuss with your family law lawyer include the frequency of updates and preferred modes of communication. You should also clarify how accessible you and your lawyer will be for communicating when necessary through the course of a case.
Addressing Special Family Situations and Sensitivities
When you meet with your family law lawyer, be certain to discuss any aspects of your family situation that might be unique and that may need to be handled in a different manner. I have had cases in which my clients were frightened of their abusive ex-spouse showing up during drop-offs for children with a police escort, my clients were protected persons, or my client was diagnosed as chemically dependent and was receiving treatment while the divorce was proceeding.
I encourage you to ask your lawyer about the possible handling of matters in a private manner and if your issues are very sensitive, if your family history is complex, or if there is privacy required about how you and your lawyer plan on handling the matter. Privacy and confidentiality are incredibly important in family law matters and if there are aspects of your case in which you always want to have a discussion in private or if there is anything that you do not want others to know, this should always be communicated to your lawyer upfront so that it is not an issue later.
Evaluating Settlement vs. Trial Approach
At every step of the legal process, there is a way forward that is a better fit for you and your best interests. Often, this will involve the possibility of settling your case without prolonged litigation. Even when settlement seems unlikely, knowing more about the relevant strategies can only strengthen your position . In your initial conversations, make sure to directly ask how your lawyer believes your case should proceed, as well as the pros and cons of each strategy in light of the variables that matter to you most.