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Choosing a divorce lawyer

One should preferably choose an attorney with more than five years experience, although age is not always a factor. One may find that an older attorney does not have the “fight” of a younger attorney.

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Various factors may play a role in determining what lawyer (also known as an attorney) you choose to represent you in a divorce matter. One should look primarily where the person studied and what degree he/she has, as well as what experience he/she has in the field of divorces. Not all universities are as good as each other.

Different attorneys operate in different courts sometimes. Some attorneys only specialise in the high court, while others only specialise in the Southern Divorce Court.

One should also bear in mind that each divorce case is different. Law is not like medicine where for example there is only one way to treat a broken leg. In law there are various ways to argue a case, and different lawyers use different approaches and arguments. If your divorce is particularly acrimonious, it may be best to choose a lawyer who is more “aggressive”. It may also be wise to choose a divorce lawyer in certain instances who has a reputation for taking a more tactical approach. You could discuss the matter over the phone with the attorney to try and establish what his/her approach would be.

One should also ask the lawyer whether he/she has experience in not only the actual divorce case, but also in other related areas of the divorce, such as conveyancing, maintenance, domestic violence matters, and pension payouts.

One should also question an attorney before using his services whether he is prepared to negotiate on a payment structure. Attorneys may charge anything up from R800 per hour. Should you not be able afford an initial deposit you can request to enter into a fee agreement with the attorney according to which the attorney will only be paid once a financial settlement has been reached.

It may not always be in one’s interest to use a bigger firm of attorneys, as they may charge more due to their higher overheads. A divorce is no place for the faint-hearted and one should choose a lawyer who is ruthless and has a desire to win.

Beware of chancers who may be offering to do your divorce for a very low sum of money - check your lawyer's credentials.


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