The Dangers of an Over-Aggressive Lawyer in Divorce

When you are faced with the possibility of divorce, you will need to choose a lawyer to help you through the process. While there is nothing in the law that requires you to hire legal counsel, navigating a divorce on your own is almost never a good idea. Selecting the right attorney, for most people, means finding a capable professional with whom they share values and objectives for the matter at hand, and who can help secure a favorable outcome. But what about a lawyer with a reputation for his or her “win at all costs” attitude and antagonistic legal maneuvering? You may want to think twice before hiring this type of attorney for your divorce.

Almost All Divorces Are Settled Out of Court

According to most estimates, more than 95 percent of all marital dissolutions in the United States reach are resolved by a settlement agreement. This means that less than one in 20 divorces will be fully played out in front a judge. An overly-aggressive attorney, in many cases, can actually be a hindrance to reaching an amicable agreement, as he or she may want to fight about issues on which you and your spouse are willing to compromise. Most likely, you will want to negotiate your divorce quickly and efficiently, and your attorney should be ready to work with you in doing so.

You Should Be in Control

Even if your divorce does require courtroom litigation, it is still your divorce. A lawyer is hired to advocate on your behalf, not to make all of the rules and decisions about how you should proceed. He or she should help you make informed choices, of course, but if your attorney allows his or her personality and ambition to dictate the proceedings, the case can quickly spin out of your control. You should also remember that your attorney’s behavior may reflect on you, as well, possibly affecting the outcome of your case. It is important to present a unified front in any legal proceeding, and if you appear to be uncomfortable with the things your attorney is saying or doing, the credibility of your case can be diminished.

Burned Bridges

The importance of choosing the right attorney is magnified when your divorce involves children. You and your spouse will need to maintain some level of relationship following the divorce, as you will both remain integral parts of children’s lives. Thus, you have a vested interest in keeping the proceedings as civil as possible, an effort often derailed by so-called “bulldog” attorneys. Your lawyer should encourage you to find solutions, not to pick fights. That is not to say that you should not stand your ground on important issues; it simply means that creating drama where it does not need to be is counterproductive.

Aggressive, Not Overbearing

At Kezy & Associates, we take pride in helping those dealing with divorce in a thorough, respectful manner. We understand that aggressiveness is not necessarily a bad thing when combined with a personable attitude and focus on positive results. “Winning” in divorce does not mean getting the best of your spouse on every issue; rather, it means that you have found a resolution that meets your needs and those of your children while fully protecting your rights. To learn more about our approach to divorce and child-related legal matters, contact an experienced Orland Park family law attorney today.