How should I choose a lawyer to represent me in my divorce?
Choosing the right lawyer is vital to the satisfactory resolution of your divorce or family law case. In my opinion, there are three main things you should look for in making your decision:
(1) Expertise - You should hire a specialist, not someone who dabbles in divorce work. The area of family law has become increasingly complex. A lawyer that tries to do a number of different practice areas cannot develop the depth of knowledge necessary to represent you in such a critical and complex matter as a divorce. The analogy to medicine is apt - if you need brain surgery, you don't go to a general practitioner, you go to a specialist. In a divorce case, the stakes are high - you are determining what will happen to your children, your house, your retirement and your income for starters. That sounds more akin to brain surgery than to a chest cold to me.
(2) Communication and rapport - It is important that you and your lawyer are able to communicate with one another. You will be sharing the most intimate details of your life with your lawyer. You need to feel that you can confide and trust in him. Your personality and that of the lawyer should compliment each other for that reason. And, you should feel that you are treated well by the lawyer and his staff.
(3) Clear billing policy - I am amazed by the number of lawyers who do not have fee agreements in every case they handle. It is important for the lawyer and the client to be on the same page when it comes to the lawyer's fees and other costs that can be expected during the case. A written fee agreement should spell all of that out. We handle all of our cases on a fixed fee basis, so our clients know precisely the maximum that their case will cost from beginning to end. Other lawyers prefer to bill by the hour. (I will post an article soon on the advantages of fixed fee billing.) Either way, the terms should be specifically spelled out so that you understand what you are agreeing to and have some expectation of the total investment that will be required.
I have previously written an article entitled 9 Questions to Ask your Divorce Lawyer (before you retain him). It can be found at this link if you'd like more information on that subject.
I am 72 years old and purchased the home of a 54 year old divorced woman. I became attractive to the woman and we were engaged. She did ever leav the house that I purchased. Since we were to be married I gave her half interest into the house I just paid her cash for. Long story short she has a gambling problem and I loand her over $40,000 to pay her gambling debt. She also put a mortgage on the home in the amount of $90,000 that I did not know about until the mortgage co. wanted to be on the insurance. Now she dose not want to be married and sell the house and take her 50% of the profits or buy my half out. I purchased this home on the water for retirement and gave her half as a pre matrial gift. I read an article about similiar cases that the property was considered to be a conditional gift and since the marriage did not take place the gift should be returned. (Spinnell v.Quigley, 785 P.2d ll49 (1990). Please advise me if you think I should try to redeem my property. Ralph Eastburn 251-752-0998.
Ralph,
What a terrible story. It sounds like you have been taken advantage of. I would definately get a consultation with a lawyer to discuss what your expectations should be about this property.
I don't know if you realize it, but the case you cite is not binding Alabama law so it will not apply to your case. Based on the cite, it is a case from out west (the P refers to the Pacific reporter). Additionally, to be able to properly advise you, much more information will need to be known. Also, based on what you have disclosed you will need to make sure that you do not come under the common law marriage laws of Alabama. There are many factors that a lawyer would need to answer your question.
The best advice I can give you is to get to a good domestic lawyer as soon as possible. Good luck.