Why Is My Divorce Lawyer Is Not Fighting For Me?

Why Is My Divorce Lawyer Not Fighting For Me?

March 26, 2022

It can be very frustrating when you’re going through a divorce, and your lawyer doesn’t seem to be fighting for you. You may feel like you’re alone and that your lawyer isn’t doing everything they can to help you get through this difficult time.

So, why is my divorce lawyer not fighting for me? There could be several reasons your lawyer doesn’t seem as engaged as you would like them to be. But no matter the reason, it’s important to remember that you are their client, and they should be fighting for your best interests.

Why Is My Divorce Lawyer Not Fighting For Me?

There could be several reasons why your divorce lawyer is not putting up a fight for you. To find out why you’ll need to ask them directly.

Some potential reasons include:

Lack of enough experience in family law
Not enough time to devote to your case
A divergence in opinion on how to handle your case
An unwillingness to go up against the other side
Uncertainty about what the best course of action is
Fear of losing the case

Let’s look at each of these potential reasons in more detail.

Lack of Experience In Family Law

This could be why your lawyer isn’t fighting for you if they usually practice another type of law. While all lawyers are trained in the law, each area of law is different and requires its own set of skills. If your lawyer lacks experience in family law, they may be hesitant to take on your case and make decisions that could potentially lead to a loss.

Not Enough Time To Devote To Your Case

This is another common reason lawyers may not fight as hard for their clients. Most lawyers juggle multiple cases at once and only have a certain number of hours in the day to devote to each one. If your case is not a high priority for them, they may not be putting as much effort into it as you would like.

A Divergence In Opinion On How To Handle Your Case

This happens more often than you might think. Lawyers are people too, and they can have different opinions on handling a case. If you and your lawyer don’t see eye to eye on how to proceed, it could lead to a situation where they’re not fighting as hard for you as you would like them to.

An Unwillingness To Go Up Against The Other Side

Some lawyers may be unwilling to go up against the other side in a divorce case, especially if they know the other lawyer well. This can be frustrating for clients, but it’s important to remember that your lawyer is trying to protect your interests and may not want to risk making enemies.

Uncertainty About What The Best Course Of Action Is

This is common in divorce cases, where the outcome is never inevitable. Your lawyer may be uncertain about the best course of action and, as a result, be hesitant to fight for you.

Fear of Losing the Case

This is probably why lawyers don’t always fight for their clients. Most lawyers are in it to win and, as such, may not want to take on a case that they’re not confident they can win. If your lawyer fears losing your case, they may not fight as hard for you as you would like. You can ask for a change no matter why your lawyer isn’t fighting for you.

What You Should Do If Your Lawyer Isn’t Fighting For You

If you’re unhappy with how your lawyer handles your case, you have a few options. You can:

Talk to them directly about your concerns
Hire a new lawyer
Handle the case yourself

The best option will depend on your situation. If you decide to talk to your lawyer about your concerns, do so respectfully.

Remember, they are still your lawyer; you will need them to represent you in court. If circumstances force you to hire a new lawyer, be sure to do your research to find one that is a good fit for you and your case.

And if you decide to handle the case yourself, educate yourself on the law and the divorce process to be as prepared as possible.

How To Get A New Lawyer If Your Old One Isn’t Fighting For You

If you’re not happy with your current lawyer and want to hire a new one, there are a few steps you need to take.

Talk to your old lawyer about your decision and get their opinion on who you should hire.
Contact the new lawyer and set up a meeting to discuss your case.
Give the new lawyer all of your old lawyer’s files and paperwork.
Ensure the new lawyer is aware of any deadlines or court dates.

It’s important to remember that when you hire a new lawyer, the old one is no longer responsible for your case.

What Are The Attributes Of A Good Divorce Lawyer?

Knowing the attributes to look for is essential if you’re looking for a new lawyer.

A good divorce lawyer will have the following:

A good reputation
Be a good communicator
Strong legal knowledge
The ability to empathize with their clients
Experience with family law cases
The ability to stay calm under pressure
The willingness to fight for their clients

If your current lawyer doesn’t have all of these qualities, it may be time to find a new one.

The Bottom Line

No matter why your divorce lawyer isn’t fighting for you, it would help if you asked for a change. If you’re unhappy with how they handle your case, talk to them about your concerns, hire a new lawyer, or handle it yourself.

Divorce FAQs

What is the difference between a divorce lawyer and a family lawyer?

A divorce lawyer is a lawyer who specializes in the legal aspects of divorce, including divorce proceedings, property division, child custody, and alimony. A family lawyer may also handle some or all of these aspects of divorce, but they typically handle other family law matters, such as adoption and child support.

What should I look for in a divorce lawyer?

When choosing a divorce lawyer, it is important to find someone who you feel comfortable with and who has experience handling cases similar to yours. You should also ensure that the lawyer you choose is licensed to practice law in your state.

How much does a divorce lawyer cost?

Divorce lawyers typically charge by the hour, with rates varying depending on the lawyer’s experience and location. Some lawyers may also charge a flat fee for their services.

What are the benefits of hiring a divorce lawyer?

There are many benefits to hiring a divorce lawyer, including having someone on your side who is knowledgeable about the law and who can protect your rights. A divorce lawyer can also help you navigate the often complex and emotional process of divorce and can provide guidance and support throughout the process.

What is the difference between an uncontested and a contested divorce?

In an uncontested divorce, both spouses agree on all divorce terms, including child custody, property division, and alimony. In a contested divorce, the spouses cannot agree on one or more terms of the divorce, and they must go to court to have a judge resolve these issues.

How can I get a copy of my divorce decree?

If you were previously divorced, you could request a copy of your divorce decree from the court that issued it. You can also request a copy from your local county clerk’s office.

What are the grounds for divorce in my state?

Divorce laws vary from state to state, so it is important to consult with a lawyer in your state to determine the grounds for divorce. In some states, like New York, couples can get a no-fault divorce, which means that they do not need to prove that either spouse is at fault for the breakup of the marriage.

How much is a divorce without lawyers

If you choose to divorce without lawyers, you will likely have to pay a filing fee to the court and may also incur other costs, such as service of process fees. The cost of a lawyerless divorce varies depending on the state in which you live.

What are the grounds for divorce in my state?

What is a no-fault divorce?

A no-fault divorce is a divorce in which the spouses do not have to prove that either spouse is at fault for the breakup of the marriage. To get a no-fault divorce within the USA, one spouse must state that the marriage is irretrievably broken ( also known as irreconcilable differences). The divorce will be granted regardless if the other spouse agrees.

In what jurisdictions are no-fault divorces available?

No-fault divorces are available in all states within the USA and Australia, Canada, China, Germany, Malta, and Mexico. Russia and Spain.

Is no fault divorce available in the UK?

Effective April 6, 2022, England and Wales will allow either party to end the divorce without blaming the other. Additionally, it removes the possibility of one spouse objecting to the divorce.

What are the residency requirements for divorce in my state?

For a couple to get divorced, one must typically meet the residency requirements of the state where they want to file for divorce. These requirements vary from state to state, but generally, one spouse must have lived in the state for a certain period before they can file for divorce. For example, in New York, one spouse must have lived in the state for at least one year before they can file.

What are the consequences of getting a divorce?

There are several potential consequences of getting a divorce. These can include financial consequences, like dividing property and assets between the spouses, and emotional consequences, like feeling isolated and alone. It is important to consider all the potential consequences of divorce before deciding to go through with it.

Why Is My Divorce Lawyer Not Fighting For Me?