questions to ask when finding a divorce lawyer

by Merritt Medhurst PhD 6 min read

Questions to Ask a Divorce Lawyer to Hire a Divorce Attorney.

  • 1. What Kind of Cases Do You Focus On? Keep in mind not all divorce lawyers specialize in the same type of case. You need to find a lawyer who has ...
  • 2. What’s Your Fee Structure?
  • 3. How Do You Handle Divorce Procedures?
  • 4. What is Your Divorce Strategy?
  • 5. How Will We Communicate?

Full Answer

What are some questions to ask a divorce attorney?

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 qualities make a good divorce attorney?

Jul 11, 2019 · 9 Questions to Ask a Divorce Lawyer Before Hiring 1. What Kind of Cases Do You Focus On? Keep in mind not all divorce lawyers specialize in the same type of case. You... 2. What’s Your Fee Structure? If I’m looking for a divorce attorney near me, the next questions to ask a divorce lawyer... 3. How ...

Can anyone recommend a good divorce lawyer?

Apr 20, 2020 · Jump to Questions and Topics Click on the question you want to jump to below: General Attorney Questions What do you handle that I can't DIY? Who will be working on my case? What is your experience? What practice areas do you handle? How much will a lawyer cost me? What should I NOT tell my ex-spouse? How much do my attorney and I need to talk?

What should you look for in a divorce attorney?

Feb 19, 2014 · With that in mind, consider asking your potential divorce attorney these five questions: 1. Can You Give Me a Timeline of My Divorce? You may end up seeking a divorce with your potential attorney, but you need to know that he or she has a good sense of how your case will go. Ask for a timeline of your divorce if you chose to pursue it.

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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 many times do you have to appear in court for divorce?

A "divorce proceeding" does require you to appear at least once in court. An experienced attorney should be able to tell you what to expect if you choose mediation , settling outside of court, or taking your ex to court to solve a disagreement. How much time you will spend in court varies based on your approach.

How long does it take to get divorced?

You can expect the divorce process to take anywhere from 60 days on up. Amicable divorces can move quickly if both parties are in agreement on terms. Some states force you to take 30-60 days between filing and the process beginning. Average divorces in the U.S. take from four to 11 months.

How much money do I need to get divorced?

The attorney you choose should be able to listen to details about your case and give you a ballpark estimate. Average divorces in the U.S. need about $15,000. Amicable exes without children or complex assets will probably be able to get a divorce faster and cheaper.

What should an attorney be able to explain?

An attorney should be able to easily explain the different legal areas they handle. Family law should be one of their main areas. You can look up every attorney on your state's board website to see their years of experience or any disciplinary action in the past.

How long is a free initial consultation?

The initial consultation is often a free 30-minute phone call where you explain the situation, and they talk about how they can help you.

What can a non-attorney do?

Sometimes, non-attorneys will work on research, creating documents, or handling part of the legal process for the attorney. You need to know if you are okay with this. Your attorney should handle the significant parts of the work and oversee everyone else helping on the case.

What to do if your ex has a history of bad communication?

If your ex has a history of bad communication or handling conflict poorly, you should tell your attorney. They can look for solutions or be prepared for misconduct along the way. This goes for anyone with mental health issues, addicts, alcoholics, or abusive exes.

What happens if your primary lawyer isn't the only attorney working on your case?

If your primary lawyer isn't the only attorney working on your case, you may also be paying for other associates' time. While this is quite common, knowing what you're paying for may ease your mind a bit. 20 of 26.

What to do if you are financially dependent on your ex?

If you are financially dependent on your soon-to-be-ex, you may want to consider finding a lawyer who will petition the court for your spouse to pay for their services. This essentially means you have a fair trial or collaborative divorce. 25 of 26.

What is collaborative divorce?

A collaborative divorce could end with you and your ex on good enough terms to be friendly with one another. While keeping your divorce out of the courts may sound ideal, you may need to take it to trial.

What does a divorce mediator do?

As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation.

Is divorce a big step?

Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation. If you've never been divorced before, the process may feel scary and uncomfortable, so before hiring a divorce attorney, you should do your research to ensure you're ...

Do lawyers charge by the hour?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you're getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown. 19 of 26.

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 ...

Can you move right away?

Whether you’ll move or not will depend entirely on you , nonetheless, there are situations where your legal representative will advise you to either stay or move since it can influence your entire case. For example, in the cases of emotional or physical abuse, false allegations of violence, and so on, your attorney will probably tell you to move right away.

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 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 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.

What to do if you haven't settled your divorce?

If you haven’t settled this with your partner, then ask your lawyer before hiring them about your chances of getting the custody of your child (ren). Understand the factors considered by state judges when deciding which parent should get the custody. Sometimes custody battles can extend the divorce proceedings.

What to expect if you have gone through a divorce?

Unless you’ve gone through a divorce before, chances are you are unaware of what lies ahead and what to expect. Divorce proceedings vary from state-to-state, and the duration of your case will depend on your situation and how cooperative you and you ex-spouse are.

What to do if you don't want to go to trial?

If you don’t want to go to trial, ask your lawyer about an alternative dispute resolution process – such as arbitration or mediation. If you and your spouse are good candidates for alternative dispute resolution, then you just might be able to reduce the financial and emotional cost of divorce. 9.

Why is it important to ask someone about their experience in family law?

This is especially important if you believe your divorce is going to be difficult or contested.

Why do marital assets depend on property laws?

Allocation of marital assets depends on the property laws, which vary from one state to state. This is because the property laws dictate the ownership rights. In the majority of states, splitting marital assets is simple, and both partners are assigned joint assets.

Can a custody battle extend a divorce?

Sometimes custody battles can extend the divorce proceedings . You may have to concede some matters so you can wrap up the case quickly. Ask your lawyer when it’s in your favor to settle and where you might benefit from challenging the issue.

Can a lawyer who doesn't practice family law lose your case?

Plus, the latter have more experience in and out of the courtroom when handling family law matters. However, that doesn’t mean that a lawyer who doesn’t practice family/divorce law will lose your case.

How to gauge how involved an attorney wants you to be?

You can gauge how involved an attorney wants you to be by asking how you can help your case. Ask what information and documents you need to provide. Determine there are things you should do to help your case.

What are the factors that complicate divorce?

Your situation is unique based on your relationship, finances, and other factors. You might have matters that complicate the divorce, such as owning a business, being in the military, or having a spouse who doesn’t want the divorce. Having kids with your spouse also complicates the settlement.

Can divorce be settled out of court?

The divorce process is generally the same, but the approach to settling the case can change your experience significantly. Your case can either be settled out of court or be settled in court by a judge.

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