questions to ask a lawyer when getting do=ivorsed

What To Ask A Divorce Lawyer On Your First Visit.

• 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different answer to this. Sure, the ...
• 2. Ask about communication. How will they check in with you throughout the process?
• 3. Ask how you’ll be able to monitor the status of your case.
• 4. After you lay out your case, ask where they see things potentially going off track.
• 5. Talk about payment.

Full Answer

What questions should I ask my divorce lawyer?

This is an important question for two reasons. First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.

What should I Ask my attorney during an interview?

 · First, ask yourself: Are you sure you actually need an attorney? 1. Ask them to describe their approach to the divorce process. Each lawyer you speak to should have a slightly different... 2. Ask about communication. How will they check in with you throughout the process? As you’re interviewing ...

Do lawyers like to do the questioning?

Here are some questions you may want to ask any lawyer you’re considering using in connection with your divorce: What sort of experience do you have with divorces? How have you handled divorces like mine before? Without breaching... Do you specialize in divorces, or are divorces just a part of your ...

Should I talk to a divorce lawyer?

Questions to ask about an attorney's style of lawyering include: What is your overall philosophy or style when handling divorce work? Are you more likely to tell me what to do, or offer options and expect me to make a decision? How would you describe your personality as a lawyer?

What questions should I ask when getting a divorce?

Ten Questions to Ask a Divorce AttorneyDo 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?More items...

What should a woman ask for in a divorce settlement?

5 more things to ask for in a divorce settlement agreement Co-parenting plan. Relationship building. Documentation. Money.

What questions should I ask my lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

How do I divorce my wife without losing everything?

If divorce is looming, here are six ways to protect yourself financially.Identify all of your assets and clarify what's yours. Identify your assets. ... Get copies of all your financial statements. Make copies. ... Secure some liquid assets. Go to the bank. ... Know your state's laws. ... Build a team. ... Decide what you want — and need.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

What is the usual split in a divorce?

The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.

How do I talk to my lawyer for the first time?

How to Talk to a LawyerBe patient. When you talk to your lawyer, she hears your story for the first time. ... Be prepared. You will need to describe what has happened and what you are hoping your lawyer can do for you. ... Be honest. ... Be specific. ... Be concise. ... Ask questions.

Can I empty my bank account before divorce?

Can You Empty Your Bank Account Before Divorce? However, doing so just before or during a divorce is going to have consequences because the contents of that account will almost certainly be considered marital property. That means it will be an equitable division in the divorce settlement.

Is my wife entitled to half my savings?

If you live in one of the community property states – Arizona, Wisconsin, California, Washington, Idaho, Texas, Louisiana, New Mexico or Nevada – the law treats all the money you saved as being equally owned by both of you.

Is spouse entitled to 401K in divorce?

California is a community property state. This means that assets obtained during the marriage are divided in half upon divorce, including retirement savings and pension plans. In the case of a 401K or another type of plan, a spouse is entitled to 50% of the plan's acquired value during the course of the marriage.

How often do attorneys talk to their clients?

Some attorneys will talk to their clients on a weekly basis or more. Other attorneys will only talk to their clients when their clients contact them. Yet other attorneys religiously follow the one phone call a month to do an overview strategy session no matter how many times the client has talked to the attorney in the past 30 days. There isn’t a right answer, but it’s good to know in advance what the scope of communication will be.

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 collaborative divorce?

What is a collaborative divorce and am I eligible for one? A collaborative divorce model is one that focuses on a win-win settlement agreement. You can consider it the opposite of going to court. Does the attorney you’re meeting with think that this is a reasonable possibility in your case? Why or why not?

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.

Why do people use domestic violence injunctions?

Many parties use domestic violence injunctions or restraining orders in order to try to build up a child custody case.

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.

What to ask a divorce lawyer?

What red flags did your story raise for them? What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises.

How many lawyers should I hire for divorce?

You get to choose who helps you through it. That’s why I highly recommend interviewing at least 2-3 attorneys before selecting one. Don’t let anyone pressure you into working with them, either. This process is going to get harder before it gets easier, so it’s important that the lawyer by your side – the lawyer who is going to be learning a lot about the inner workings of your marriage, your finances, and more – is someone that you trust, respect, and actually like.

Why is it important to have an open mind when getting divorced?

Before you pull into the attorney’s parking lot, repeat this mantra: No two divorces are alike! No two divorces are alike! Having an open mind about the hard things— possible custody schedules, whether or not you need to sell the house, whether or not your family can continue to go on two weeks of vacation each summer— will help your prospective attorney come up with a strategy that meets your long term goals and makes sense for your unique circumstances.

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.

How to get money from a prenup consultation?

If you want to get your money’s worth from a consultation, make sure you bring all of the documents associated with your prenup. The same goes if you and your spouse have started working out a separation agreement (or other agreement related to your pending split) in writing.

What does Christy do in a divorce?

For Christy, receiving this information allows her to give the most bang for a potential client’s buck in terms of an initial consultation. She can give a prospective client a pretty good idea of what will happen to each of those assets and liabilities in a divorce and help a potential client understand what their financial picture will look like post divorce.

What to ask your attorney about divorce?

Ask about the general process and steps, the documentation needed, temporary orders/agreements that may be needed, and an approximate timeline.

How to save on attorney fees?

Your fee agreement should explain everything you need to know about billing but most importantly you should discuss ways you can save on fees. For example, it may be more cost efficient to save up all of your questions that arise throughout the day or the week then email them over and schedule a phone call to answer the questions. A quick phone call may be cheaper than the attorney answering multiple questions everyday for a week.

Why is it important to ask an attorney about a complaint?

One of the biggest complaints lawyers get is that their clients feel that they often don’t know what is happening with their case. That is why it is important that you find an attorney you will feel comfortable communicating with. Here are some of the most important questions to ask your attorney when you meet for the first time: 1.

How many attorneys work on a client's case?

In some firms, only one attorney works on the client’s case whereas other offices take a more collaborative approach.

What to do if you have a negative feeling about your spouse?

Even if you have negative feelings about your spouse, it is better to try to deal with those issues on your own instead of fighting them out. Your attorney will work to help you get a fair settlement and protect your interests while you work on moving forward with your life after your divorce.

What happens if you work out your own custody agreement?

If you are able to work out your own agreement in a child custody case, you are also setting the groundwork for greater cooperation in the future as you raise your children with your former spouse.

What happens when you are amicable in a divorce?

When parties are ethical and open about their financial worth during an amicable divorce, each party will know what debts and assets that the other party has. During a contested divorce, some parties may try to hide their assets. Financial professionals may be needed to track down hidden assets.

Background & Experience

Questions to ask about an attorney's experience and education include:

Case Management & Fees

Additionally questions to ask about how your case will be managed and how much it will cost include:

Wrapping Up

Before leaving the initial consultation, take the time to ask the lawyer if there are any questions you've neglected to ask, or anything else the attorney wants to tell you. Is there anything else you should know before deciding whether to hire him or her?

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.

How do you approach your cases?

How do you approach your cases? Some people are looking for what I refer to as a "pit bull" attorney (nothing against pit bulls, I swear). They start out teeth snarling and ready for a battle. This approach is exactly what some people are looking for. Other people may be looking to divorce as quietly and peacefully as possible.

Who will be working on my case?

Who will be working on my case? It takes a team to run a successful practice. This means your attorney will often have other people work on your file. In our office, the attorneys take a team approach, and we frequently bounce ideas off one another.

How much is your retainer, and how does the retainer work?

How much is your retainer, and how does the retainer work? Divorce is not cheap. Find out how much the retainer is and what exactly it covers.

What is your hourly rate, and how will I be billed?

What is your hourly rate, and how will I be billed? This question goes with number four. Most family law attorneys bill in 6 minute increments against the initial retainer. Some attorneys may bill in quarter-hour increments. Some attorneys bill for each telephone call, email or letter.

How long should my divorce take?

How long should my divorce take? I tell potential clients to expect your divorce to take anywhere between 6 months and a year. Wisconsin requires a 120 day waiting period from the service of the summons and petition for divorce on the other party to the final hearing in the divorce. Most divorces are not finished by day 120.

How much will it cost?

How much will it cost? The total cost of the divorce really depends on the case. If there's a custody battle, complicated financial issues or if two parties cannot agree on anything, the divorce can get very expensive very quickly.

What is the best way to get a hold of you? How quickly do you respond to phone calls or emails?

What is the best way to get a hold of you? How quickly do you respond to phone calls or emails? Everyone is busy. Attorneys spend their days in and out of appointments and court hearings, but that does not mean you should be waiting days or weeks for a response.

What to ask for in a divorce?

Among things to ask for in a divorce, you want to ask them their approach in handling divorce procedures. Every state will have different family laws and procedures. You want your divorce attorney to be knowledgeable of the local laws and understand their pros and cons.

What does it mean to hire a divorce attorney?

Hiring a divorce attorney means having a say on what properties you get. Dividing marital assets can become a problem. If you lose this portion, you could lose everything to your ex-spouse, from properties to your bank savings.

What is the importance of communication in divorce?

Before hiring, ask your attorney their communication strategy with you. This is crucial in case any vital information comes up or any changes happen.

Is alimony a problem in a divorce?

Alimony fees are one of the biggest problems when it comes to a divorce. Whether it’s litigation or settlement, alimony can make or break your case. Your divorce lawyer needs to know how to give you the best options in child support ask the it before the things to ask for in a divorce.

Does divorce have to have child custody?

In any divorce proceeding, nothing takes precedence over child custody. You want your children to grow under your care. You need a lawyer that can fight for your right over your children and their future.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...