Divorce settlements in India are lengthy, expensive and sometimes emotionally wrenching affairs, which makes the question of how to find a good divorce lawyer in India an important subject.
Ending one’s marital union comes with its own share of complications including alimony, child custody, property- asset division etc. In such a case, one needs to be reassured that they are in experienced hands when being dealt with.
Indian divorce attorneys may be defined as ‘a professional person authorized to practice law; conducts lawsuits or gives legal advice’. Considering there are umpteen numbers of attorneys nowadays, it is a good option to understand how to find a good attorney for oneself.
It is a given that this process is a lengthy affair. There are a few requisites which should always be checked listed during the process.
Lawyers specialize in different areas, and are prevalent in great numbers. It is therefore important that you shortlist a fixed number of lawyers and seek their consultations.
A comparative analysis between different lawyers helps in choosing the best in terms of fees, experience and comfort level.
Questions regarding the duration of the court proceedings, success rate, etc, are essential and should not be missed.
For such cases, a retainer agreement stating how and what the attorney has agreed to do, and how much he is charging – is a sensible option. It eliminates chances of being over-charged and is solid proof.
It is of extreme importance to know how well experienced and accomplished the attorney representing you is. A few points stated below can be kept in consideration when choosing.
Even within the field of law, there exists subtypes like family law specialists, property specialists.
Every state has laws that differ from other regions. A safer option would include choosing an attorney who is well practiced in state law.
A lawyer’s accreditation from an established institute is a sign to look for. It maximizes the credibility of the lawyer to a great extent.
Courtroom victories and failures define how effective he/she is. Apart from the usual success rate, an established attorney would be familiar with courtroom procedures, loopholes and other complexities which would greatly reduce the stress in and out of the courtroom.
Settlements have their expenditure based on how you settle it – courtroom or out of court. An experienced attorney would always tell you that an out of court settlement, like an uncontested divorce or litigation, would cost you a lot cheaper than battling it in court. The more complex an issue is – in terms of division of property, domestic violence allegations, child custody, greater the expense of the settlement.
With minimal assets and no children, a separation can cost about 25,000 rupees per person, where 1000 rupees can be taken as court fees, depending on the state (location) one belongs to.
A good lawyer would be keen to point out that higher the number of sessions, the more expensive it becomes. The retainer agreement should state how much is to be paid, by whom and for how long.
Few key points are stated, which serve as a reminder, not to overlook points which seem general and ease the whole divorced process.
Firstly, choose someone who matches your needs. Basic enough, but it is imperative that you find an individual, or a firm, most suited for your case and its complexities.
It is futile if you find a good lawyer who is always at odds with your thinking. Therefore it is a sound decision if you choose someone you think you can get along with.
As far as possible, avoid using the services of a lawyer who represents your spouse. Not only does this issue a conflict of interest, but true representation cannot be guaranteed.
In the end it is advisable that you base your decision of how to find a good divorce lawyer in India to a large extent on your personal preferences and decisions.
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