When is having a lawyer essential to my divorce?

For many spouses, the necessity of a lawyer is usually when the case is nearing a trial (and for the trial, itself).  However, the necessity of a lawyer usually exists because the spouse has not adequately prepared for trial, or conducted themselves properly in the middle of the case – which does affect how the trial will go.

So, in a nutshell, if you do everything right from day one, even a trial isn’t the horrible scary thing you thought it would be.  In fact, it will appear to be almost cursory, easy, and more procedural – than anything else.

There are countless devices in the law, where a spouse can limit what is at issue at trial, and how to get all the emotional ridden issues off of the table.  So, by the time trial does come around (less than 2% of all cases go to trial), it’s really down to one or two issues.  Even more interesting, is that trial results have nothing to do with the lawyer’s abilities (though so many spouses think this matters), the result is more  based on the facts of the issue (of which the lawyers cannot change), applied to what’s called “principles of equity.”

Principals of equity essentially guides the result to be fair – and the Judge has a mandate to do that.  So, if one side is heavily litigating for a certain position, the Judge usually keeps the boat from leaning too far and places the result in the middle.  My criticism of overly aggressive lawyers stems from this general result, because in the end, the one with the crazy over zealous lawyer feels that they lost, when actually, the result was “fair” (equitable), just not what lawyer wanted.

Because all lawyers know this (how a Court of Equity) works, the overly aggressive types are usually not the great lawyers, just the ones with abrasive personalities that can’t help themselves – because they aren’t doing anyone any favors, to include their own client.

If you need help with your divorce case, strategy, or otherwise, email me at:  paul.nordini@divorceinfosite.com

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