Fair Cadora Blog
Posted By Fair Cadora, APC
Your divorce case is a life-changing experience that deserves to be handled with the utmost discretion and professionalism by your legal representative. However, for many lawyers your divorce might be just another case number which they hope to finish quickly. As a result, their service may suffer and you could find yourself confused, stressed, and unhappy with the way your case is proceeding.
If you are unhappy with the way your divorce is being handled, it might be a good time to change lawyers. You are never stuck with your initial choice; you have the right to discontinue with one attorney and retain a new one. Doing so may help get your case back on track and heading in a direction you are more comfortable with.
Here are three reasons why you should consider switching attorneys:
Your Lawyer is Not Answering & Slow to Return Calls
Communication is pivotal to an attorney-client relationship. Without constant updates and counseling, clients can often become lost as to the direction their case is going, any steps they may need to take, and more. Likewise, your lawyer should be able to answer your questions and return your calls in a timely manner.
It is important to be respectful of your attorney’s time, but it is also reasonable to expect them to return your calls quickly, if they are not available when you call. If your lawyer constantly forces you to wait longer than 24 hours to call you back or same day if it is an emergency, then they may have too many cases on their plate, which means your case is likely not receiving the attention it deserves. This is a great reason to switch attorneys.
Your Lawyer Lacks Professionalism
Your lawyer should treat your case with the utmost professionalism. This includes a good amount of self-discipline and only taking a case load they can handle to give each one they do take the attention it deserves. Divorce cases may not affect your lawyer’s life, but it is monumental to yours, and your lawyer should treat it as such.
If you find your lawyer is constantly missing deadlines or showing up late to appointments, this is a red flag that you should consider switching. Missing a deadline on an important piece of paperwork can significantly jeopardize your case, possibly even costing you an important decision. Not to mention it will really annoy your judge.
Your Lawyer is Pressuring You to Settle
For many lawyers who take on large caseloads, their ultimate goal is their paycheck at the end when they collect their fees and move on to the next client. These lawyers will often try to close cases quickly with whatever settlement they can come to and will pressure their clients into these settlements. This is not ideal as this usually causes clients to take settlements which make them ultimately unhappy with their case outcome and with their service.
Your lawyer needs to recognize that this is your case primarily, so you as the client are in charge. If you are not happy with the direction your case is going, their responsibility is to listen to your concerns and address them. While it is also your lawyer’s responsibility to set reasonable expectations, you should be able to voice your concerns and have your lawyer address them throughout your case. If your lawyer refuses to do this, it is strongly advised that you discontinue with them as your advocate as soon as possible.
Posted By Fair Cadora, APC
Family law cases are rarely straightforward and often confusing due to their complex and highly-detailed nature. This has led to a number of myths and misconceptions being developed regarding divorces, and likewise a number of surprised people when they find out that what they believed to be true is not actually the case.
In this blog, we take a look at some of three of these common myths and set the record straight on what the law actually says.
1.) Couples Who Live Together For a Long Time are Considered Married
California does not recognize “common law” marriages. Therefore, regardless of how long a couple has lived together in California, they are not considered to be spouses unless they legally marry or enter into a recognized Domestic Partnership. This is vitally important for asset division cases, as spouses have far more rights than live-in partners. There is one exception to this rule: couples who move to California from a state that does recognize common law marriage are considered to be spouses by California’s courts so long as they met the requirements for common law marriage in their original state before moving.
2.) “Pre-Nup” Agreements are Binding and Lopsided to Protect One Spouse
While it is true that premarital agreements are frequently used when one or both spouses are entering into a marriage with significant assets to their name, they are not designed to strip either party of their rights in the event of a divorce. A properly-created agreement is designed to protect the best interests of both spouses in the event they decide they don’t want to remain married. Agreements that are terribly lopsided were likely not drafted properly and can be very difficult to hold up in court, particularly if the spouse on the short end retains the assistance of a family law lawyer.
3.) One Parent Can Deny Custody if Child Support is Not Paid
Courts treat child custody and child support as two entirely separate issues. Therefore even if one parent fails to pay their child support and/or alimony for the month, the other parent legally cannot deny visitation. Violating either one of these parts of a divorce agreement can lead to significant legal consequences if the issue is brought to family court.
If you need the assistance of a San Diego family lawyer, the experienced team at Fair Cadora, APC may be able to help you. Our dedicated team has represented clients all around the San Diego metropolitan area with numerous family law needs. We can provide you with compassionate and understanding representation in this time of stress, confusion, and emotional turmoil. Trust your issue to Fair Cadora and rest assured that your case is in the capable hands of attorneys who have Board Certification as Family Law Specialists by the California Board of Legal Specialization.