The division of community property sometimes goes fairly smoothly, and sometimes it doesn't. It is essential not to waste attorney's fees fighting over items that have little value. This does not mean that you should simply give in to the other party's demands. Steven Cole strives to resolve issues involving division of property in quick and fair manner.
When significant property is involved in a divorce, it is vital to have skilled representation so that each party receives a fair settlement. In today's tough economic times, parties are often required to divide houses that are upside-down in terms of their value. The tactics that attorneys use to resolve these complicated issues have evolved as the economic downturn has accelerated. Having experienced representation during these difficult times is extremely valuable. Divorce is difficult enough. You need competent and aggressive representation in your divorce. The last thing you need is to worry about the qualifications and the work ethic of your divorce lawyer.
Attorneys also need to be careful about how much they charge the client given the amount that is in dispute. We remind our clients to consider the cost of the attorney's fees against the dollar value of the property they are fighting over. The worst case scenario for the client is to pay the attorney more than the amount that is in dispute in their property division case. On the other hand, parties with significant assets oftentimes try to save money by not hiring attorneys. They would rather give their spouse a majority of the assets, because they fear the bill from the attorney. At a minimum, you need to call an attorney and explain your situation. Let the attorney educate you on your options. We offer free telephone consultations. It doesn't cost you anything for that first call. And during that first call, a divorce lawyer should make you feel at ease that she is competent, concerned, and ready to assist you. That attorney should try to sell their services, but rather provide you with a realistic assessment of your case and the difficulty you may face in your divorce. And sometimes, attorneys can accept cases without a retainer, or zero down. In cases where there is clearly sufficient funds available to pay the costs and fees associated with litigating the case, and only one side has control over the assets, money, and credit, the Husband or Wife that has no access to these funds should be able to obtain representation with no money down. The statute that addresses attorney's fees in family law cases- A.R.S. 25-324 and the relevant case law require that the party without access to funds be given that access so that she can prosecute her case in family court. If this is the position that you find yourself in, feel free to call us, and we will discuss your situation. Under certain circumstances, we may be willing to accept representation in your divorce case with no money down.
