Learn more at the Law Office of Ronald L. Hendrix website.
Most
adults are familiar with the old adage “if it seems too good to be true, it
probably is”, and they have likely gained enough life experience to conclude it
is reliable in most circumstances. Through
trial and error, we learn how to recognize a non-reputable claim, and to make
informed decisions.
Too Good to be True
The
guarantee of a ‘weekend divorce’ – a flat-fee, quick-divorce completed in a
weekend – should immediately bring this saying to mind. Nothing more than an
irresponsible gimmick preying upon vulnerable couples seeking a fast, cheap way
to end their marriage, and a ‘weekend divorce’ is definitely too good to be
true.
One has
to assume that these claims are made by attorneys whose offices are not attracting
new clients based on their own integrity, reputable advertising or past client
referrals. Instead, desperate attorneys have put aside the best interest of the
client, and made unrealistic promises in an effort to increase business.
Glossing Over the Details
There is no template for completing a
divorce. Each case has specifics and
subtleties which may require new research, in-depth discussion or a tailored
approach to ensure the best outcome for all parties involved. A ‘weekend divorce’ portrays quick resolution,
but at a price not measured in dollars.
Rushing through financial details and
quickly completing and signing a Marital Settlement Agreement is not
advised. Similarly, in cases where
children are involved, making decisions to be included in a Parenting Agreement
cannot be taken lightly. Parties need to carefully read and consider these
documents, and have ample time to discuss all concerns with their attorneys
without the pressure of a defined time constraint. If you interview an attorney
who advises otherwise with regard to your documents, it is time to find a new
attorney.
No Such Thing as a Weekend Divorce
W
hile a couple may walk away from a
‘weekend divorce’ with signed paperwork in hand, the fact is that they are just
at the beginning of the process of filing for divorce. In some counties,
including Will County in Illinois, there is a 30-day period after filing before
the divorce can be finalized. During
this time, you and your spouse will likely spend time thinking about the documents,
and perhaps even reconsider a decision or agreement that was made. But with
your low-cost weekend session paid and meetings completed, will the attorney be
willing to spend time to revisit, discuss and include your changes? If so, you can expect a bill at his regular
hourly rate for the additional time spent on your case.
Many times the final step in the divorce
process is the division of retirement funds between parties. A document called
a Qualified Domestic Relations Order (QDRO) may be required for some retirement
accounts, and specifies how the accounts will be divided. These documents need to be carefully prepared
and submitted for approval. Your divorce attorney will assist you in this
process and provide follow-up assistance if necessary. However, it is unlikely
that a QDRO will be completed properly, if at all, in a flat-fee, one-weekend
divorce.
Post Decree Issues
Initially choosing to have your divorce
handled thoroughly by an experienced attorney is the best way to avoid the need
to revisit the matter in the future. While it may sound appealing, it is simply not possible to take the time to
cover all the necessary details in a short weekend. Post-decree issues may include custody,
visitation, child support, maintenance or other financial issues, and they do
occur even in a carefully-handled divorce.
Time spent later resolving these issues will require added expense, and
it can be emotional and disruptive years after the divorce. Handling your divorce properly the first time
around will help prevent the need to re-hire an attorney and return to court to
settle disputes that may arise down the road.
Insist on Quality Representation for your Divorce
It is
perplexing for an experienced, well established attorney when a program is
offered pushing the concept of ‘weekend divorce’. A reputable attorney has seen
time and time again the thought, time and attention that go into successful
representation of his clients. An attorney who is providing solid legal representation
for his clients and has a steady case load does not have time or the desire to
mislead couples with tactics to get them in the door.
It is always in your best interest, and
the best interest of your children, if applicable, to seek quality representation
for your divorce. This should include interviewing attorneys, explaining your
unique situation, and choosing based on these discussions rather than promises
of a quick resolution or cheap representation. A quality attorney will know that your divorce is of the utmost
importance, and will have your best interests in mind. He will work hard to
achieve your goals, be available to answer questions, and represent you until
the day your divorce is final, not just until the brief time allotted or “one-time”
fee you paid for your case has run out.