A common question in beginning divorce proceedings is this: “How do I pick a good divorce lawyer?”

While a “good” divorce lawyer is subjective and will be different for everyone, there are a few questions that you can ask yourself in order to find the right divorce attorney for you.

The first question you should ask yourself is: “Should I be looking for divorce lawyers near me?”

The answer to this question might seem obvious, but there are a couple of caveats. You may not need your divorce attorney to have an office that is extremely close to where you work or live. Ideally, the lawyer you choose will have an office within driving distance of you. However, hiring an attorney that’s really close to where you live could be of detriment to you if you live far away from where your divorce case will actually be heard.

For example, if you live in City A, but your divorce case will be heard at the courthouse in City B and City B is 4 hours away, you may want to consider hiring an attorney in City B so that you won’t be billed for unnecessary travel costs.  Alternatively, if you hire an attorney whose office is far away from where your case will be heard, you may incur additional costs because your attorney will need to travel to you for the hearings.

A question that men might ask is, “should I be looking at divorce lawyers for men?”

Generally, you don’t need to look for attorneys that are gender specific, unless you have a preference. Whatever attorney you hire will do the best job they can in providing you with the desired outcome of your case.

Thirdly, you may have heard of a term called “collaborative divorce”.

If you’re wondering if you should hire a collaborative lawyer, it helps to know that a “collaborative divorce” is when both spouses hire their own attorneys and agree to work out the terms of their divorce without taking their issues to court. Essentially, both parties agree to work together to resolve the issues that come up in the divorce process.

Ultimately, you should do your research and hire an attorney that you feel comfortable in working with. For additional questions, you can review our common questions webpage here.

Call or text Intermountain Legal for a $75 family law consultation at 801-990-4200.

Attorney fees and expenses can quickly accumulate to overwhelming amounts in contested divorce cases. Each week, Inetermountain Legal will provide you with a tip on how to reduce the cost of your divorce.

TIP #1.      GET A HANDLE ON YOUR FINANCIAL SITUATION BEFORE FILING FOR DIVORCE.

In Utah, marital property and debts are generally distributed equally between the parties.  Resolving property issues should not be difficult.  However, sorting through financial records can be one of the mosttime-consuming steps of the divorce process.  This is particularly true where one or both parties came into the marriage with substantial premarital assets.  Accounting may also be difficult where one party has been primarily responsible for finances, leaving the other party in the dark about what assets and debts have been accrued.

To streamline your divorce and limit the time you will spend conducting discovery, you should learn as much as possible about your financial situation before filing.  Run a credit report on yourself.  Collect your most recent statements from bank accounts, retirement accounts and credit card accounts.  Open the bills and mortgage statements that are delivered to your home.  Make separate files for marital property and separate property.

If possible, minimize the number of joint debts, assets and expenses you share with your spouse.  Pay off joint credit cards.  Open your own separate checking and savings accounts.  Take half of the money from joint accounts and then stop using those joint accounts.  Take your spouse’s name off the loan for your vehicle.  If you are worried about alimony, limit the amount of money you contribute to your spouse’s expenses and debts.

The family law team at Intermountain Legal is experienced in discovering financial assets.  Our family law attorney, Hailey Black, can advise you on the issues and options that relate to your unique case and your specific set of financial circumstances.  If the financial issues in your case seem overwhelming, contact Intermountain Legal for a free divorce consultation.

The biggest celebrity divorce story of the week was reported here by the Daily Mail Online and here by Forbes.  Few financial losses can rival the potential blow to Harold Hamm’s fortune as a result of his divorce from wife Sue Ann Hamm.  Mr. and Mrs. Hamm have already entered into a confidentiality agreement, so the media can only speculate about whether the couple signed a prenuptial agreement before they were married.

Harold Hamm is a self-made oil tycoon, reportedly worth $11.3 billion.  Mr. Hamm is one of the wealthiestmen in America and has been named one of the most influential people in the world by Time magazine.  If he and his wife did not sign a prenuptial agreement, Mr. Hamm could be ordered to pay as much as $5 billion to resolve his divorce.

Pursuant to Oklahoma divorce law, marital property is equitably distributed between the parties to a divorce action.  Equitable division requires that all property and financial assets accrued during the marriage be divided in a fair and just manner.  While equitable distribution does not necessarily require equal division, Mrs. Hamm will likely receive a very sizable payout.

Mrs. Hamm is an economist and lawyer.  However, she gave up other employment opportunities to work as an executive for her husband”s companies. Mrs. Hamm worked for her husband at a time when the value of the Hamm oil companies increased significantly.  Five of the companies have been subpoenaed to provide financial records and information in the divorce case.  A well-drafted prenuptial agreement could have protected Mr. Hamm’s companies from being divided or sold in the event of divorce.

Prenuptial agreements can also be drafted to take into account potential changes in circumstance.  When drafting a prenuptial agreement, your attorney should consider penalties for adultery or abandonment and incentives for supporting family businesses or caring for children.  Mrs. Hamm has alleged that her husband committed adultery, and her allegations may result in a larger payout.  Adultery is relevant to the issue of equitable property distribution.  If Mr. Hamm diverted resources away from the marital estate to visit or buy gifts for girlfriends, Mrs. Hamm may receive a larger portion of the remaining estate.  Mrs. Hamm’s pain and suffering may also be taken into account.

Discussing and negotiating a prenuptial agreement is smart financial planning for any couple planning to enter into a marriage relationship.  Broaching the subject to your future spouse is not easy or romantic.  However, negotiating a prenuptial agreement is similar to purchasing a life insurance policy.  Just as you do not wish for your spouse’s demise, you do not wish for your marriage to end.  It is impossible to know what the future may hold, and it is smart to plan for unforeseeable events.  It is always easier to discuss a fair and reasonable dissolution while you and your spouse still like each other.

Family law attorney Hailey Black is experienced in drafting thorough, equitable and clear agreements.  If you would like to negotiate a prenuptial agreement before taking the next step in your relationship, Hailey is available to consult with you about the requirements and to assist you in drafting an enforceable legal contract.