Divorce is almost surely the toughest and most emotional decision a couple can ever make. Some weather it smoothly while others just barely manage to endure it. According to Nolo.com, results are largely affected by the personalities of both parties, the importance of what is at stake, and the client’s reliance on lawyers and courts to resolve the pressing issues.
If you have decided to enlist a skilled Gallatin divorce attorney to handle your case and you want to keep things civil, it is important to tell the lawyer what you want.
When you interview lawyers you’re considering, ask them whether they feel favorable about negotiating a settlement rather than fighting it out in court. Lawyers operate under a prime directive: the zealous pursuit of their client’s interests. If you make sure to let the lawyer know that your interest is in an amicable divorce, then that’s what you should get.
Lawyers cannot represent both clients because the lawyer is expected to defend every client diligently and there is always the potential that the interests of the husband and wife will be in conflict. Nolo.com mentioned exceptions to the rule, allowing joint representation when both clients agree on major and minor issues, and they just need the lawyer to put every settlement in black and white. When a disagreement arises, the lawyer decides to transfer one client to another lawyer. This is a possibility in Tennessee, but, unfortunately, it is still not a common practice.
There are also family lawyers who venture into collaborative practice. Clients and lawyers agree that they will not proceed to court, instead agreeing to share information voluntarily and work cooperatively. As Nolo.com puts it, “Collaborative lawyers will take cases only where the other spouse has also hired a collaborative lawyer, and the lawyers sign an agreement that, if the case can’t be settled, the parties have to hire another lawyer to do the litigation.”
Divorce sometimes also brings the fear of you or your children being physically hurt by the other party. To prevent this, Nolo.com suggests that you move to a safe place and get either an Order of Protection or a Temporary Restraining Order. If you are with the kids, a temporary order of custody may be appropriate to avoid being accused of kidnapping.
Lawyers are charged with zealously fighting for their client’s interests, and it can be tough for the parties to work together during this very difficult time. Kenneth J. Phillips is one of many reputable attorneys in Gallatin, TN who serves clients in Gallatin, Hendersonville and Sumner County. Consider hiring such a lawyer if you want the divorce process to go smoothly.
(Info from Divorce: Do You Need a Lawyer?, Nolo.com)