Divorce is never fun. It may be for the better, mutual, civil – but it’s still a nightmare of paperwork, legalese, and dividing up everything you own. There are a lot of people who prefer to keep lawyers out of it – and as lawyers, we get it. It can feel like letting strangers into one of the most difficult times of your life. You don’t want to make a bad situation worse.
But the truth is, your divorce is going to be one the most financially significant events of your adult life. You’ll be dividing up the property you’ve been collecting with your spouse for years – maybe decades. Your home, your cars, your furniture, your bank accounts, retirement accounts – and there’s always something more you’ve forgotten about until it pops up. You may be obligated to pay spousal support or be entitled to receive it. Even more important, if you have children, is child support and the custody agreements you settle on. It can add up to tens – if not hundreds – of thousands of dollars.
With all of this at risk, it may be unwise to just “get it over with” by foregoing lawyers. Whether they mean to or not, your spouse could gut you and your financial future without lawyers to point out and explain the financial ramifications of your divorce negotiations and proceedings.
But how do you know what kind of lawyer is right for you? You know you need someone who has experiences in divorces but beyond that…? Let us humbly suggest that you start your divorce attorney shopping in the “defense attorney” aisle.
What Is a Defense Attorney?
Whether they are dealing with criminal or civil cases, a defense lawyer is an advocate for the accused. They are responsible for protecting their client’s legal and financial interests. Defense attorneys develop relationships with their clients as they provide counsel, layout and explain their legal options, and establish and defend their legal needs.
In short, defense attorneys are responsible for making sure that their clients aren’t taken advantage of – either directly or accidentally – by the court system or the plaintiff (the accuser or the prosecution side). They’re used to identifying and defending against underhanded and slippery tactics to protect their clients.
While it can sound tempting to hire a “shark” prosecutor as your divorce attorney, that’s the fastest way to make a tense situation an all-out war. Lawyers that specialize in prosecution specialize in getting something for their clients. Defense lawyers spend their whole career defending the rights of their clients. That’s the kind of dedication to fairness that you want from your divorce lawyer.
When to Get a Criminal Defense Lawyer Involved in Your Divorce
Divorce lawyers are usually practitioners of family law. However, there are cases when you may specifically need a criminal defense lawyer as your divorce attorney. If you are divorcing on the grounds of abuse, a criminal defense attorney is going to be better equipped to aggressively pursue your case in court, institute a restraining order, and file criminal charges against your attacker.