what questions do we ask the lawyer when getting a divorce

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 ...
What's your estimate of the total cost of this divorce? ...
Do you allow me to negotiate directly with my spouse? How can I keep the cost of my divorce down? ...
Based on what you know about my case, how would you predict a judge would rule on it?
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?

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.

How do I know if my divorce lawyer is good?

Jan 14, 2021 · 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. 5. Talk about payment. This question is especially important if you’re concerned about your financial situation.

What should you look for in a divorce attorney?

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 does it take to become a divorce lawyer?

While evaluating your situation, your divorce lawyer may ask you some questions about your situation, including: Do you have any children? If so, how old are they? What is your occupation? How long have you been married? Do you and your soon-to-be-ex own any businesses together? What was the marriage like between you and your former spouse?

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.

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.

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.

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.

What does an attorney do after divorce?

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. While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed.

Do lawyers have to be transparent?

Lawyers are ethically required to be transparent about how much their hourly rate is and their fee structure. Your fee agreement should explain everything you need to know about billing but most importantly you should discuss ways you can save on fees.

Does Arizona require spousal support?

Arizona is one of the states that provides for spousal maintenance under certain circumstances after a divorce. If both parties worked during the marriage and are ending the marriage more or less equally situated, alimony is probably not appropriate but the topic should still be addressed with your attorney.

Is Arizona a community property state?

Arizona is a community property state, and the separating spouses will split the marital pot equitably. 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.

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.

Who wrote the book "Getting to Yes"?

Have you read “Getting to Yes”? “Getting to Yes,” a book by the authors of the Harvard Negotiation Project, is considered the authority on principled settlement. These guys originated the concept of win-win, later made famous by Stephen Covey and his “7 Habits of Highly Effective People.”.

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.

Is Florida a legal separation state?

While Florida doesn’t exactly call it a legal separation, the state does offer an alternative for two parties to divide assets and to provide support to one another even without filing a divorce. The separate maintenance actions can give rise to what is in effect a legal separation in Florida.

Is child support based on a formula?

Child support is based on a formula in Florida . But often we have a difficult time getting to a child support number. That’s because while the formula might be straightforward, sometimes finding out the numbers to put into the formula is anything but. My spouse has a business and lies about his income to the IRS.

Do cases go to litigation?

The reality is certain cases must go to litigation in order to get the right result. You are vetting not just the transactional experience of your family law attorney, but also their ability to litigate if and when it is required.

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.

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.

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.

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.

What is retainer fee?

A retainer is essentially a lump sum payment that is paid to lawyers to secure their future legal services. Retainer fees vary from industry to industry and from professional to professional, and once your initial retainer fee has been ‘used up’, so to say, you may incur additional charges.

Who is Owen Kirkaldy?

Owen Kirkaldy is an experienced Edmonton family law lawyer and is a member of the Collaborative Divorce Alberta Association. Are you considering separation or divorce and in need of some trusted legal representation? Get in touch with us today to begin the conversation.

Do divorces involve children?

Some separations or divorces involve children, some involve already blended families, long distance and a vast array of other complex conditions. A lawyer who has experience in dealing with cases that are similar to your situation may be beneficial. 3.

What information is needed for divorce?

Financial information is almost always brought under examination in a divorce case. One spouse may seek alimony or child support. Calculating these requires a detailed understanding of both parties’ financial situation. Follow-up questions could request information about: 1 Income 2 Assets 3 Debts 4 Property 5 Anything else that might fluctuate your financial situation

What can a divorce lawyer do for you?

Divorce lawyers can help you prepare for your upcoming deposition and even practice the questions with you until you’re comfortable answering those asked by the opposing attorney. This guide will explore the process, plus go over a few common questions you may face in a divorce case deposition .

What is a deposition in family law?

A deposition is a routine step in family law that helps lawyers collect information, and properly preparing for one is vital to obtaining the most beneficial results. The idea of going through a deposition can create anxiety, but knowing the questions you may be asked can erase the element of surprise. Divorce lawyers can help you prepare ...

Who can send a notice of deposition?

Either party’s attorney may send a Notice of Deposition to the other party, requesting information. Sometimes, this information or questions can be answered by providing documentation. Other times, testimony is required.

Can you live separately from your spouse?

If you have been living separately from your spouse, tell the truth. Some spouses choose to remain living together until the divorce is final. If that’s the case, answer honestly and make sure to have a plan for what your living situation will look like after the process has been finalized.

What are the questions asked during a deposition?

During a deposition, questions about mental or physical health may come up. The person asking these questions is trying to determine if your mental or physical health will affect your ability to make decisions about your life, your children’s lives, or financial matters.

What to do with a divorce lawyer in Virginia?

Partnering with an experienced divorce lawyer can help ease your concerns. By understanding what a divorce deposition might look like and the questions you will face, you can prepare in advance with your Virginia Divorce Lawyer and familiarize yourself with this part of the divorce case.