A divorce lawyer is a term often confused with a family law attorney. While they share much in common, there are also significant differences. So, what does a divorce lawyer do, and what is a family law attorney?
To gain expert insight into these roles, we spoke with Dr. Judit Gaál, a Lawyer in Hungary with over 35 years of experience in family law, cross-border issues, and mediation.
In this first part of our interview, we explore 8 key questions and topics, including: Where to find a divorce lawyer or family law attorney, the costs of a divorce lawyer, as well as if it would be better to get a divorce lawyer for men.
In the second part of the interview, which will be published at a later date, we will explore mediation.
Don’t feel like reading? Listen to the podcast (24:17 min) instead.
What does a divorce lawyer do vs. What family law attorneys do?
On a hot summer day, we meet at Bubō, a charming café in Budapest. Across the table sits a middle-aged woman with a warm, familiar face—Dr. Judit Gaál. We first met about eight years ago. And without her guidance, my daughter and I wouldn’t share the strong relationship we have today.
However, we agreed that this interview wouldn’t focus on my personal experience. Instead, we aim to address the most pressing questions that dads facing divorce and dads at a distance often have about divorce lawyers, family law attorneys.
Q1: There is a lot of confusion about the roles of a divorce lawyer and a family law attorney. Could you, being a family law attorney yourself, please explain the difference?
Dr. Gaál: In Hungary once having passed the bar exam you can practice as an advocate.
Because, it is hardly possible to obtain deep knowledge and practice in any fields of law, you must be familiar with any and all changes of material law. This includes: legal practice, case law and you have to participate on conferences etc. Therefore, one makes choices and from step specializes in certain field of law.
Family lawyers are generally familiar with divorce cases. Conversely, divorce lawyers are more specialized or concentrated in divorce cases.
Where to find a divorce lawyer or family law attorney near me
Q2: For dads facing divorce or custody issues, finding a divorce lawyer or family law attorney quickly is often crucial. How can they locate the best divorce lawyer or best family law attorney?
Dr. Gaál: You are right this is really crucial. The relationship between lawyer and client is a matter of confidence and trust.
You will cooperate and work together with your lawyer maybe for years that’s why confidence is really important.
He or she is the first point of evaluation and can offer feedback on your situation and your chances of success.
An experienced lawyer will first ask many question and will never render his point in a couple of minutes. He will want to know the exact circumstances of your case and your personal situation.
Q3: How can you find your ideal lawyer?
Dr. Gaál: I think it is best to gather information from different sources. One should start to look around on internet and check the homepage of some lawyers preferably of divorce or family lawyers.
The home page gives you lots of information about the experience and the personality of the lawyer in question. You can see his or her profile even you can get some free information about your case. We have to note that in Hungary not every lawyer has yet a home page.
It is also worth to ask people around you in the same situation about their experiences with another lawyer.
Only after doing your research before, it is worthwhile to make an appointment for consultation and have a personal impression of a lawyer.
If you have confidence and feel chemistry with a lawyer and if you are satisfied about the first meeting and the correspondence before the meeting, then you can make a grounded decision to hire a lawyer or not.
Q4: Are divorced dads better off with a Family Attorney for men?
Dr. Gaál: I agree that the men might need stronger protection of their interests.
Women as mothers, at least in Hungary, have an advantage when it comes to obtain custody of a child, especially as long as the child is small.
Women have a large armory an immense gun room in fighting than men never had. Believe me as a woman I know. And the child is a good way to blackmail.
The lawyer whether female or male has also to be prepared to psychological warfare. Here, men, divorced dads need a strong and determined lawyer to assert their interests.
How Much Does a Divorce Lawyer Cost?
Q5: Legal costs are a top concern for divorced dads and distance fathers involved in custody proceedings. There’s significant variation in fees among divorce lawyers and family law attorneys. Could you explain these differences and provide insight into the cost structure of legal fees?
Dr. Gaál: Legal fees consist of several elements. Such are:
- court fees which contain the tax of procedure
- costs of a legal expert if needed
- Cost of a translator if needed
- the lawyer’s fees
We have also to mention that the losing party must bear the court fees of the other party.
Under some difficult financial circumstances, you can demand your exception of legal fees or one part of them. Or to ensure the possibility to pay the fees at the end of the procedure.
If you come to a mutual agreement the court fees are lower.
Lump Sum Fees
The lawyer fees are subject of agreement between parties. Some define it on based on an hourly rate some give a lump sum fee, or these can be combined.
Lump sum fee is usually applied in simple cases like divorce with mutual agreement of the parties. In more complex cases hourly rates are applied.
Be aware that a legal procedure always costs a lot of money, especially if there is no agreement between the parties.
In a general way we can conclude, that the cheapest way is not always the best way. Just keep in mind, that an efficient lawyer is an investment in your future life and can save you money and time.
But the opposite is also true. The most expensive lawyer may not be the most effective. That’s why it is a difficult question.
One thing is for sure, the longer the lawsuit, the more expensive the fee for the procedure.
Therefore, it is better to achieve an agreement before going to court or during the procedure. You can have out of court negotiations directly between the parties or via the lawyers.
Mediation
We should not forget to mention mediation, as an alternative way of facilitating divorce arrangements. Some people start their case at a mediation session.
Mediation is a way to resolve disputes outside of the judicial system by voluntary participation, based on common decision of the parties concerned.
I am very much in favor of this method, because in addition to being faster and cheaper, it also facilitates future communication between the parties.
The decision to cooperate is made by their mutual will, which is very important. Than the court will only approve your decision. But I think we will talk about that separately.
Q6: How can divorced dads and long-distance dads save on fees for their divorce lawyer or family law attorney?
Dr. Gaál: A long procedure are always costly. Parties can save a lot of money if they can come quickly to an agreement about divorce and for any complementary issues.
However, parties could save the most on costs, with an out-of-court method to resolve their issues, such as the above-mentioned mediation. This is a much shorter procedure. Furthermore, it ensures communication between the parties on the long run.
Q7: Is it possible to get a family law attorney with free consultation?
Dr. Gaál: For family law questions, Hungarians can turn to the Family and Child Welfare Centers responsible for our settlement or district.
There Hungarians can receive free legal assistance during a personal consultation. This might include advice and even help with drafting a submission with the assistance of a lawyer. They also provide professional follow-up on individual cases, but they do not offer legal representation.
Some NGOs also offer free legal assistance. Additionally, some lawyers provide free consultations, but this depends on the individual lawyer and their policies.
If the client is facing severe financial difficulties, it’s worth asking if they can receive an initial consultation for free or at a reduced cost.
Q8: Are divorce lawyer fees tax deductible?
Dr. Gaál: Generally speaking, legal fees associated with family cases, including divorce lawyer fees are not tax-deductible. Dads should consult their lawyer to explore cost-effective options, but there are no easy solutions in this area, especially in Hungary.
However, in some jurisdictions, certain expenses, such as fees paid for tax advice or assistance in obtaining alimony, may be deductible. Always consult with a tax professional to get the most accurate and current information for your specific situation.
Final Thoughts on Divorce Lawyer and Family Law Attorney
Navigating the complexities of divorce and family law can be challenging, especially when emotions and personal stakes are high.
Whether you’re a dad facing a divorce, a custody battle, or a long-distance parenting situation, having the right legal guidance is crucial.
Choosing between a divorce lawyer and a family law attorney, understanding where to find the best legal representation, and knowing how much it might cost are all important steps in protecting your father rights and interests as a dad.
We hope that this interview with Dr. Judit Gaál has provided valuable insights and legal knowledge that you can apply to your own situation.
Remember, the relationship with your lawyer should be built on trust and confidence, and finding someone who understands your needs is key.
By taking the time to research, ask questions, and seek professional advice, you’ll be better equipped to make informed decisions that best serve you and your family.
If you’re facing similar legal challenges, remember that you’re not alone, and there are resources and professionals ready to help guide you through this journey.
Enjoyed the read? Consider making a donation! Your support helps us maintain the website and keep delivering great content for you.
Below you can listen to a podcast (24:17 min) about this interview
Sources
