best questions to ask a lawyer when going through divorce e

by Dr. Devyn Dietrich 5 min read

  1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? ...
  2. What is your strategy for my case? How long will it take to resolve my case?
  3. How long do you take to return phone calls? How do I get a hold of you if there is an emergency? ...
  4. Will anyone else in your office be working on my case? What experience do they have? Can I meet them?
  5. How will you charge me? What is your hourly rate? Do you charge for the time I spend with other lawyers, with paralegals, and/or with secretaries? ...
  6. What costs (other than your own) do you expect will be involved (for example, for private investigators, forensic accountants, physicians, and/or psychologists), and how will you charge me for ...
  7. What's your estimate of the total cost of this divorce? ...
  8. Do you allow me to negotiate directly with my spouse? How can I keep the cost of my divorce down? ...
  9. Based on what you know about my case, how would you predict a judge would rule on it?
  10. What can you do to help me understand the tax effect of the decisions I will have to make?

Ten Questions to Ask a Divorce Attorney
  • Do you specialize in divorces, or are divorces just a part of your practice? ...
  • What is your strategy for my case? ...
  • How long do you take to return phone calls? ...
  • Will anyone else in your office be working on my case? ...
  • How will you charge me?

Full Answer

What you should know before contacting a divorce attorney?

Here are a list of topics we cover in this question and answer guide. If you want to skip ahead, click on any of the links below. Communication File security and access References and reviews Delegation of responsibility Cost of divorce Reasonable expectations Your living arrangements Temporary orders Child custody and parenting time

What are the best questions to ask a lawyer?

Before going to see a divorce lawyer, you should enquire as to their hourly rate and how long the first appointment normally will take. The simple answer to this is that they will take between 1 – 2 hours if your divorce lawyer is going to do a proper job. When coming to see your divorce lawyer, for the first time, it really is prudent for ...

Can anyone recommend a good divorce lawyer?

Aug 12, 2021 ¡ Below are some of the most important questions you need to ask: How long have you practiced divorce law? The experience of your attorney matters a lot when it comes to your divorce. There are some cases where the spouses separate amicably and negotiate all the issues among themselves.

What questions should I ask at a divorce consultation?

Feb 07, 2021 · Keep in mind, the expenses, in the end, won’t only depend on you or your legal representative, it will also depend on your spouse too. 3. “What Should I Expect?”. Even when you can settle upon everything with the other side, divorces are messy, stressful, and complex.

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What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.

How long did it take Elizabeth to get divorced?

Having this goal in mind helped keep things moving, and as a result, her divorce took 364 days between her initial filing and final judgment.

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.

Can you represent yourself in divorce?

Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.

How long does it take to see a divorce lawyer?

The simple answer to this is that they will take between 1 – 2 hours if your divorce lawyer is going to do a proper job. When coming to see your divorce lawyer, for the first time, it really is prudent for you to draw up a list of questions that you would like to ask. These should include the following:-.

What are the aspects of divorce?

There are many aspects to a divorce which in essence include the divorce itself, the financial settlement, all aspects relating to that and children. A good divorce lawyer will be prepared to answer each of these questions in turn at length and give you a very good idea of exactly how the divorce, children and financial aspects ...

How to prepare for alimony?

Alimony is a numbers game. Sometimes the best way to prepare and present the back alimony case is to play the numbers game using experts. For example, forensic accounting experts and vocational rehabilitative experts can help support or defend an alimony claim.

What is the greatest tragedy in divorce cases?

The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.

What is single pot divorce?

Divorce cases are ”single pot” cases, where the monies spent on the case can correspondingly lead to a decrease in money available for the parties. Cost-benefit analysis is required at every stage of the game.

What is a good deal in a case?

Even if your case does not step foot in a courtroom, it’s good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouse’s particular needs.

How to know if you're getting a reasonable deal?

This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.

Can you get child care tax exemptions in divorce?

However, the parties in a divorce can always agree to do whatever they want with the tax exemptions. It’s important to address tax exemptions as early as the first divorce consultation in your case.

Is divorce easy?

Divorce is not easy , and the vast majority of the people that we consult with are not emotionally ready to pull the trigger. Often a driving force is that there are assets, other financial obligations, or even relationships with children that need to be protected, and the jurisdiction of the court needs to be invoked.

How long have you practiced divorce law?

The experience of your attorney matters a lot when it comes to your divorce. There are some cases where the spouses separate amicably and negotiate all the issues among themselves.

How often should we communicate about the case?

Your communication frequency will depend upon how complex your case is. The more challenging the divorce issues, the more communication is needed. Typical divorce cases may require communication one to four times a month. Complex cases, however, may require communication way more times than that.

What sort of communication should I have with my spouse about the divorce?

The communication between the client and an attorney is confidential and should not be disclosed to the third party. Information in the wrong hands can undermine your case and make it that much harder to have a successful case.

How much will a divorce cost?

Although the exact number can be impossible to estimate, a knowledgeable family lawyer is able to give you a ballpark estimate on how much your divorce can cost and what are the unpredictable variances that can increase or decrease the cost. Typically, hourly rates of a lawyer cost between $150 and $350.

Will I get spousal support or child support after the divorce?

Spousal support, also known as alimony, is financial assistance provided to a spouse after a divorce. In Colorado, there are legal mechanisms to protect both spouses and one such mechanism is to provide financial support to a spouse who does not earn enough to support themselves. This is in case you earn substantially more than your spouse.

How will it be decided who gets custody of our children?

Our attorneys should be able to explain to you exactly what legal custody of your child is, the difference between joint custody and sole custody, and which you are entitled to.

Who should move out of our family home?

Moving out of the home or staying is a personal decision but in many cases, we will advise you whether living together or separately will affect your divorce case. There are many situations like domestic violence, the potential for false allegations of domestic violence, physical abuse of the children, etc.

How long do you have to wait to hire a lawyer?

Now, you might need to hire a lawyer immediately if your spouse has already filed for a divorce, however, if you are the one thinking about filing it, you could wait for several days, weeks, or months before making a decision. If you want to hire a specific attorney, they’ll ...

Is divorce stressful?

The entire process of getting a divorce is stressful, complex, and extremely difficult for all parties involved. However, by talking to your lawyer and asking them the aforementioned questions, they’ll be able to explain what you’ll have to expect during the process, as well as how it will look like.

Is divorce expensive?

You probably already know that the entire process of getting a divorce is expensive, which is why most people worry about their finances. The expenses you’ll have will depend on a wide range of things including how complex your case is, whether there is custody of the kids involved, as well as how well you can work with your spouse during the divorce.

Is it stressful to get divorced?

Getting a divorce is always extremely stressful for everyone involved, and the situation gets even more serious and daunting when there are children involved. So, if you are feeling uncertainty and denial as you prepare to meet with your divorce lawyer for the very first time, know that it is not unusual and that it happens to everyone.

Why do you choose a divorce lawyer?

If you choose a your divorce lawyer because you think they’ll do a good job based on your initial meeting, you’ll probably want to make sure it’s them you’ll actually be dealing with as your case progresses rather than another partner or member of the firm.

How many people in the UK don't have a will?

With around 30 million adults in the UK not having a will in place, this is an important question to ask. Often people want to make a new will when they separate. While they are still married, their spouse can have claims on their estate, even if they’re separated.

Can juggling work and divorce take its toll?

Juggling work, a family and a divorce can really takes its toll on people. If you’d prefer to work remotely with your lawyer, this is a question worth asking at your initial meeting. 21.

Is it easy to file for divorce?

Making the decision to file for divorce is never easy. We understand how daunting it can feel to have to approach a divorce lawyer to discuss formally ending your marriage. That’s why we’ve put together this list of 31 questions to ask your divorce lawyer.

Should cost be a factor in choosing a divorce lawyer?

While cost shouldn’t be the overall deciding factor when choosing a divorce lawyer, it is important for you to get an idea of likely costs in advance so you can budget accordingly.

Is divorce beneficial?

There’s no hard and fast rule on this. In some divorce cases it can be beneficial, while in others it can be detrimental to the process . Your lawyer will be able to give you an answer based on your circumstances and their experience.

Questions regarding divorce lawyer fee structure

Note that you may or may not ask all of these questions depending on their answers and your situation. For example, a flat fee for a divorce is only likely if your divorce is straight-forward and amicable.

Questions regarding alimony issues in your state

Similarly, alimony varies state-to-state. Here are some questions to ask your divorce lawyer:

Questions regarding child custody and visitation issues

It’s important to come away with a basic understanding of child custody rights.

Questions regarding splitting of marital assets

Again, this can vary from state to state so best to gain a general understanding in advance.

How to file for divorce without a lawyer

There are two main methods of how you can file for divorce without a lawyer. The first is completely DIY – you get the forms, you complete and submit them entirely yourself. If your divorce is amicable and you are confident this can be a good way of saving some cash.

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