Showing posts with label family law. Show all posts
Showing posts with label family law. Show all posts

Friday, July 26, 2013

Need Divorce - No Money

It is common for the party without access to money, a job or at home with the children to feel isolated and powerless.  Hiring a lawyer is expensive. Knowing you need a lawyer but don't have the money is frustrating and frightening. Family lawyers recognize the desperation in a person's voice when their story unfolds and they describe lots of problems, fears and no access to money.   When I get a call like this in my practice, I walk the caller through different scenarios to see what options they may have available.   

Many counties provide resources like LegalAid or a Community Justice Program. These programs provide attorneys who either work for the agency or who volunteer their time to help those in need.  Most attorneys take cases on a pro bono (without charge) basis and the challenge is to find one who has time to devote to your case.  If you qualify for a program such as Legal Aid, you go through an application process and if accepted, you may be placed on a waiting list before you get an attorney assigned to you. Call your local county bar association and ask what is available for people who need an attorney but can not afford to pay.  

If you hit a dead end, call every family lawyer in your city or surrounding cities until one agrees to take your case.  That attorney may ask the court to order the other party to pay your attorney's fees. If an attorney agrees to take your case at no cost, be respectful of his/her time, ask whether emailing is acceptable to ask questions and promptly respond to whatever the attorney needs from you to move your case along. Also, find a support group or a counselor to help you get through this very emotionally challenging time. 

I am family law attorney with a solo practice in San Antonio, Bexar County, Texas.    

Wednesday, July 24, 2013

MEDIATE IT!

Simply put - it works! If your case settles (and the vast majority do) it saves you thousands of dollars. Mediation offers you the opportunity to talk through differences with a mediator who is often an experienced family law attorney.  The mediator listens to both sides and then begins to work on narrowing down the contested issues.  The parties generally go to different rooms and speak freely about the problems and obstacles.  The mediator will not reveal what is said unless given specific permission.  The ultimate goal is to give the parties one last chance to come to an agreement by participating in reaching a solution to their specific issues.  

The process is emotional and sometimes looks like it is not going to work. The mediator uses his/her skills and experience to get the parties moving toward resolution of the issues rather than face an unknown judge who will issue orders no one likes or wants.

Mediation can take a couple of hours, half a day, all day and then some are marathons and go on for hours and hours.  The mediator keeps working as long as he/she sees progress.  That may mean letting the parties cool off for a bit.  When it works, the parties sign off on a binding agreement and walk out knowing the fight is over.  There may still be some bumps in the road getting used to the other party as a former spouse, but it generally is a great weight off of your shoulders signing off on the agreement.

Consider mediation.  Get your lawyer to set it up or get an order requiring the other side to show up and mediate in good faith.  It is a great way to get your case off the litigation track and get you moving toward the next phase of your life.  Click here for additional  FAQs regarding mediation.