IS IT TOO EARLY TO CALL A DIVORCE LAWYER?

Making the choice to file for divorce is hard. In fact, it’s one of the most difficult decisions you’ll ever make. No one gets married with the intention of splitting up — together forever and all that — but it happens, a lot. One question you need to ask yourself in this process is: do I need to call an attorney? The short answer is: yes, you probably do. But how early you should talk to a divorce lawyer is another issue entirely.

There are a number of steps to take to prepare for the divorce process. You can familiarize yourself with the laws in your state so you’re not taken by surprise, create a plan to care for any children while this happens, set aside money in advance to cover unexpected costs that arise, get all of your financial documents in order, organize the relevant paperwork, and more.

Another step you can take is to talk to a divorce lawyer, and talk to a divorce lawyer early. While all of the rest of these suggestions can be useful, they can be a bit vague and only provide a bigger picture view of how to prepare for divorce. Enlisting the services of an experienced attorney, a professional who has handled similar situations countless times, is a huge advantage that offers tangible insight.

Every situation is different. The length of your marriage, if you have children, how much shared property there is to divide, retirement benefits and pensions, the level of contention and conflict, and many more factors go into a divorce agreement. Whether you go to court or mediation, or whether things progress quick and smooth, largely hinges on these elements.

A divorce lawyer will be able to provide divorce specific legal advice and concrete direction with real world applicability. In reviewing your case, he or she can offer guidance and suggestions based on the particulars of your case. Hopefully, this steers you towards an optimal outcome.

IS IT TOO EARLY TO TALK TO A DIVORCE LAWYER?In many cases, the earlier you talk to a divorce lawyer, the better. When considering divorce, it will benefit you to talk with an attorney well in advance of any legal action. You may even want to do this before you broach the subject with your spouse, if possible. It may seem like a fantastic idea to negotiate as much as you can ahead of time, or even reach a tentative agreement with your spouse. But doing this without consulting someone first can actually lead to problems down the road.

It may sound great to get these details out of the way, like it will save everyone time, money, and headaches. The issue is that once the two sides come to an arrangement, even an informal one, it’s difficult to go back and renegotiate if things are out of whack.

A divorce lawyer may point out issues or details you missed. You may not realize the division of property was skewed against you. Or perhaps a proposed child custody plan isn’t quite as favorable as you thought. The biggest benefit to professional representation is that they know what to look for. They may spot things you never even knew existed.

In these cases, if a divorce lawyer reveals new information, people often encounter resistance. Once you’ve already agreed to certain terms, it can be difficult to change them. Your spouse may believe you’re being disingenuous or going back on your word because you already had a deal in place, no matter how provisional and unofficial. This often leads to unnecessary, unwanted friction. And in what can already be a tense situation, no one needs more of that.

In short, it may never be too early to talk to a divorce lawyer — maybe even before divorce counseling. It may very well feel like you’re jumping the gun, especially if you haven’t had this discussion with your spouse. But, it can be beneficial to your case. It’s never too soon to take steps to position yourself for an ideal outcome in divorce.

If you have any questions about your divorce, whether it’s imminent or looming in the distance, feel free to contact Goldberg Jones at our San Diego office. We’ll be happy to discuss the specifics of your case.

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