Qualities to Look for Divorce Lawyers

Apart from the death of a loved one, a divorce is one of the most painful and stressful experiences of a person’s life. Being surrounded worries of an ending relationship makes finding a divorce attorney a very daunting task. Divorce proceedings are lengthy and tedious, the attorney you choose will be representing you for several months, or even a year or more, which implies that finding the right lawyer can make the divorce process a lot easier on you and your family.

When looking to hire an attorney to represent you in your divorce, you should look for someone with the following qualities:

• Competent, Skilled, and Experienced 

It is extremely important that you hire a seasoned divorce lawyer, one who has expertise in the field of matrimonial law. But that’s not enough, seek out an attorney with experience in family cases similar to yours. If your case involves complex issues like child custody or adultery, find a lawyer who has handled plenty of such issues and is knowledgeable about the issues of your case. The ability to litigate is crucial in the event your case goes to trial.

• A Top-Notch Communicator

An experienced professional divorce advocate needs to be an expert at communicating with various parties throughout your case. The most important being your communication with your lawyer. He or she should be open to all your queries and be able to clear all your doubts in a way that you understand what you are getting into. It’s the duty of the lawyer to make sure you are aware of the weaknesses and strengths of your case and the possible outcome of the litigation.

• Available

While interviewing lawyer you must inquire about their work hours and response time, their policy on returning your message, so that you can set your expectations accordingly. At any given time, your lawyer will be working on more than just your case, so you cannot expect that he or she will immediately respond when you have a question.  One should always pick and attorney with a moderate work load, steer clear of an attorney who overloaded or understaffed or both, so that the required amount of time and attention is given to your case.

• Equipped with Sufficient Resource 

Find out whether the lawyer has experiences associates/juniors to cover for him in case he can’t make to the court on the date of the trial due to any unavoidable circumstances so that your case isn’t delayed or prejudiced.

• In Control and Composed (Even When Under Pressure) 

It can be frustrating for your lawyer when things don’t go according to plan. It’s important your attorney maintain composure and a level head, so that he or she can properly strategize in the event you need to change course. Your lawyer must be able to control your case, and not let your spouse’s lawyer or the judge control it for him or her.

• Pro-Negotiation 

Good negotiation skills are an important trait in all lawyers. Your lawyer should be able to persuade your spouse’s lawyer to settle issues without having to for a trail. Persuasiveness and willingness to compromise will make the case easy and less costly for you.

• Strategic 

It is important that you find a lawyer who keeps your end goal in mind and makes strategies (plans) as and when the situation demands.

• Confident & Strong 

Your attorney should be firm and confident in what he is saying. He should be able to handle the harassment and bullying from the opposing counsel.

• Has perspective 

Your lawyer should not be over-confident, he should be able to see both the sides of your cases as well as that of your spouse’s. A lawyer who is perceptible can recommend the best course of action for you in every situation.

• Genuine

You need to have a sense that the attorney cares about your case, and treats you with respect. If he or she is just looking for a check, then it’s possible that your lawyer may encourage you to settle for less than you deserve or are entitled to. Seek out someone who has your best interests in mind.

In today’s modern world, the divorce rate is growing at an alarming pace. On a daily basis, a lot of marriages break apart. LawzGrid provides you with the Best Divorce Lawyers in Delhi that offer you a wide range of legal services. Their lawyers are very- well trained for representing the cases in front of Supreme Court of India, High Court of Delhi, and the District Court.

Guide How to Hiring a Lawyer

Women Misuse of Dowry Prevention Laws in India

• In a Landmark Judgement, the Hon’ble Supreme Court had said that women are spreading legal terrorism in India. The Dowry Prevention Law (Section 498A/ 406 of IPC) is one of the most misused provisions of law in India and yet no modifications seem to have been made in it over the years.
• This section was enacted to protect the dignity of a woman has become a widely misused weapon by them and is used to harass and blackmail their husband and his family. Once an FIR is filed under 498A/406 (IPC) it becomes a stooge in the hands of the police to harass the husband and all his relatives named in the FIR without an intrinsic worth or preliminary investigation. This provision further diminishes all chances of an amicable reconciliation between the couple. The prolonged trials further add bitterness to the already strained relationship between the families.
• In the famous Nisha Sharma dowry case in 2003, the wife was widely praised by the government and the media across India for taking a bold step and filing a case against her Husband. However, there was little or no media coverage of the event nine years later when it was revealed that her case was just a hoax to cover up her own illicit affair. There is not one but many cases where dowry provisions are misused by women to torture her husband or his family members.
• There have been ample cases where this law has been misused. Women use this law as a weapon to extort money out of their husbands at the time of divorce. Small incidents of little consequence are exaggerated in a large number of complaints. According to a survey conducted by Fight Against Misuse of Dowry law has revealed that 98% of the cases filed under section 498A is false. In Sushil Kumar Sharma Vs. The Union of India the supreme court lamented that this provision is being widely misused to fulfil personal vendettas and oblique motives. A majority of the complaints are filed in the heat of the moment or due to ego clashes for trifling matters and end up with grave consequences. In a recent directive, the Supreme Court has ordered proper investigations be made before arresting in domestic cases other than those where there are physical marks of injury or death.
• One may say that a lot of laws are being misused in India then why change just this one law, that’s because this is the only law that puts the onus of
• proof on the defendant. The only under which the accused has to prove his innocence to the court beyond a reasonable doubt. It is also the only law in India where no proofs are required by the police to make an arrest.
• The Supreme Court has time and again asked the government to review this law but however, there is no change in the law simply because each time an amendment to the law is implemented, NGO’s for women’s right start rampant protests against it. The irony with this provision is that the women whom it was created to protect are not even aware of its existence and educated and aware women are misusing this provision threaten and torture their husbands and his family. Women in rural areas would never step into a police station to file a FIR against their husbands. They are ingrained with the concept that to make their marriage work they have tolerated a certain amount of abuse and violence at home and it is a right of their husbands. Therefore, the need of the hour is an amendment and spreading awareness regarding such provisions of law. And just a reminder to women who think of this provision as weapon.
• “If the cry of a wolf is made too often, assistance might not come when the wolf actually appears.”