Many people wait too long to speak with a divorce lawyer because they’re afraid, embarrassed, or convinced they need to have everything figured out first. The reality is that an early consultation gives you information, reduces fear, and helps you avoid costly mistakes before they happen.
One of the biggest mistakes you can make before hiring a divorce lawyer is waiting until you’re in the middle of a crisis.
You might think you need to gather every financial document, decide exactly what you want, or even negotiate everything with your spouse before speaking with a lawyer. You don’t.
A consultation is about education, not commitment.
When you meet with a lawyer early, you gain a better understanding of your rights, your responsibilities, and the different ways your divorce could proceed. You may discover that Mediation or Collaborative Divorce is a better fit than litigation. You may also learn that some of the things you’re worried about aren’t legal problems at all.
Another common mistake is making important financial decisions before getting legal advice. You might move out of the family home, divide property informally, or agree to parenting arrangements without understanding the long-term consequences.
It’s not uncommon for people to sell the family home or purchase a new home during a separation, only to discover that the banks and mortgage lenders typically require a formal, legally binding separation agreement, signed by each party before their own lawyers, before approving mortgage financing. Lenders generally want to see an agreement that sets out all key financial matters, including the division of assets and debts, as well as any spousal or child support obligations.
Many people also rely on advice from friends or family. While they usually mean well, every divorce is different. What happened in someone else’s case may have little to do with yours.
Finally, don’t assume you have “everything worked out.” Even couples who agree on the major issues often overlook important details that can create problems months or years later.
The sooner you understand your options, the more control you’ll have over your future.
FAQs
In many cases, yes. Early legal advice helps you understand your options before making major decisions.
No. A consultation is simply an opportunity to gather information.
Bring any financial information you have, a list of questions, and a general timeline of your situation.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.