questions to ask when looking for a divorce lawyer

by Dr. Taya Stoltenberg 9 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 ...
  • 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?

Full Answer

What qualities make a good divorce attorney?

  • Understanding of Family Law: First and foremost a Divorce attorney should be through with laws concerning divorce which are a) Hindu Marriage Act, 1955; b) Hindu adoption and Maintenance Act ...
  • ANALYTICAL AND RESEARCH SKILLS: Preparing a legal strategy is complicated. Each case involves a large volume of facts and records. ...
  • DEDICAT

Can anyone recommend a good divorce lawyer?

I would highly recommend them to any woman or man go through the same family law / divorce case i had. We have now had everything order by the court and i coudlnt be more grateful for their help. I recommend OTS Solicitors, and they family team.

Is a divorce attorney really the answer?

When it comes to divorce, you not only need to make sure you are protected, but your child is as well. Hiring a divorce lawyer will not only give you the legal counsel you need for this parenting plan but also put your child in a better position to have the best life they can after your divorce.

What are the best questions to ask a lawyer?

Don’t hesitate to ask your attorney questions such as:

  • What is the timeline of this process?
  • What sort of paperwork must I have prepared for closing?
  • What do I need to arrange with my bank/ mortgage lender?
  • What available funds must I have in my bank account?

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What questions should I ask when getting a divorce?

Questions to ask a divorce attorney on the first visit about communicationHow often will we communicate about my case? ... How will we communicate with each other? ... What communication should I have with my spouse about the issues you and I discuss? ... How can I keep communication between my spouse and me amicable?More items...

What to prepare before asking for a divorce?

Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready To File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You Can Get. ... Make Sure You Have Available Credit.More items...

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 you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

How do I protect myself financially in a divorce?

How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•

Does it make a difference who files for divorce first?

Filing for divorce first does not give you any inherent rights over your spouse. One benefit is that if the specific facts of your case warrant, you could have a choice of which county—and sometimes which state — to file the paperwork in. To be clear, you cannot just file in any ol' location.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

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...•

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

How do narcissists deal with divorce?

In a narcissist's mind, they do not fail; they do not make mistakes. Therefore, your spouse will place the blame for the divorce squarely on your shoulders. A narcissist will use whatever resources they can to protect their self-inflated ego.

What happens to money in divorce?

State laws are relatively consistent, holding that marital property is subject to division in a divorce, and includes all money earned during the marriage, even if it is in an account solely titled in your spouse's name.

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.

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.

How many divorce cases have you handled?

Hiring a divorce attorney is kind of like choosing a doctor to perform surgery: You don't want to hire someone who's never done this before. Getting a divorce is stressful enough, and the last thing you'll want to have to do on top of dealing with the emotional and logistical repercussions is checking your lawyer's work over their shoulder to make sure they are handling everything correctly. After all, you're the client.

How many of those cases were you able to settle out of court?

Ideally, you want to keep your divorce out of the courts to avoid added drama and a prolonged agreement. Settling out of court is essentially reaching a compromise, so finding yourself a talented divorce lawyer who's settled out of court a lot is a good sign to look for.

Do you know my spouse?

If your lawyer is associated with your spouse, that could be a big problem regardless of how your attorney feels about him or her. Our own personal feelings or knowledge of another person tends to get in the way of our ability to perform without bias, so definitely don't hire someone who has any prior connection to your spouse.

Do you know my spouse’s attorney?

Whether or not your lawyer knows your spouse's lawyer may matter to you less than if your lawyer knows your spouse, but it's still something to take into consideration. If they were in one seminar together during their first year of law school, feel free to proceed with your lawyer, but if they were roommates in law school, you might want to consider hiring someone else.

Are you familiar with local family court judges?

Hiring a lawyer is similar because, before you do so, you want to make sure they know your local judges' reputations and directions in which they tend to rule. If the judge assigned to your case tends to be lenient with custody and you're seeking sole custody, you'll want your lawyer to be aware of this so that she can plan a strong strategy.

Do you believe it is better to mediate and negotiate than go to trial?

The most important element when it comes to hiring a divorce lawyer is that you see eye-to-eye. If you want to mediate and negotiate, but your lawyer is dead-set on going to trial, that disagreement could impact your case's success.

Do you have experience negotiating financial support or settlements?

For example, child or spousal support, large financial settlements, or business valuation are all bound to come up in any divorce case involving children or businesses, so you want to make sure your lawyer knows what they are doing.

What to ask a divorce lawyer for the first time?

When discussing with your divorce lawyer for the first time, it’s crucial to ask for testimonials from past clients.

What should an experienced divorce lawyer show you?

An experienced divorce lawyer should show you how much you can discuss with your spouse and examples of off-limit discussions.

What happens if an attorney has a high caseload?

If an attorney has a high caseload, it may put you in the backlog, leading to negligence and jeopardizing the divorce process.

What is a good divorce lawyer?

Good divorce lawyers are excellent communicators. They must be available to answer your questions at any time while reaching you for information if need be.

What happens if you don't hire a lawyer?

However, if you’re unable to hire a good lawyer, you’ll struggle to make a case, and the divorce may end up unfavorably.

What is collaborative divorce?

Collaborative divorce is mostly an out-of-court agreement to dissolve a marriage on peaceful terms.

Is a divorce attorney a service?

The divorce attorney is offering a service. Most service providers don’t get it right at the first attempt. While they get better over time, you don’t want to be a source of experience to the lawyer.

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 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 ...

What to discuss during a first consultation?

Hence, during your first consultation, you should discuss some methods that will help you properly manage the financial aspect of your case. 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.

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 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.

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 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.

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.

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