Apr 19, 2022 ¡ The first step of the divorce process is finding the right attorney. Hopefully, knowing what questions to ask a divorce lawyer during a consultation will get you on the right track. The information youâll gain from asking should help you choose a lawyer you can trust.
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.
Mar 02, 2019 ¡ Any worthwhile divorce attorney will offer a no-cost consultation. If they want to charge you for your first visit, run. Seek consultations with several attorneys. Ask each potential attorney the questions below plus any others you might have. Compare costs.
Dec 14, 2014 ¡ They center on what facts you should learn and what questions you should ask before, during and after a consultation with a divorce lawyer. We will also share a few thoughts with you, because we are familiar with what may be going through your head.
If your divorced friends were satisfied with their legal representation, you could ask them for their lawyerâs contact details. Keep in mind that each case is unique. Just because your friend got a good settlement, it doesnât guarantee your outcome will be similar.
Remember that a lawyer wonât be able to give you conclusive answers based only on the information you provide at a first meeting. Your chosen divorce attorney will need to review financial and other papers and information to counsel you properly.
Meeting with an attorney is simply about getting information. It does not mean you are definitely getting a divorce.
Do you have experience with_________________ (fill in the blank with anything unique to your situation)
If you want to get your moneyâs 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.
For many women, the âgoalâ of hiring an attorney may simply be âget me outta this marriage!â 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.
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.
If youâve made up your mind and thereâs no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so youâve 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.
Most states allow individuals to represent themselves in the divorce process. And, itâs more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route â which means you can, too.
One of the biggest complaints lawyers get is that their clients feel that they often donât 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.
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.
You will have to go through a discovery and disclosure phase, where you have to find and turn in all your personal financial documents, such as tax returns and bank statements. You may also have to answer questions related to your personal life. Hopefully, you can work out an agreement and avoid court intervention.
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.
Your attorney may end up seeing you when youâre not at your best, which is alright if you have a good attorney-client relationship. Experienced family law attorneys understand how difficult divorce is and will help you see past your immediate problems so you can envision yourself moving on and starting over again.
Hopefully, you can work out an agreement and avoid court intervention. If not, you may have to have a trial to protect your interests. After the judge enters their final orders, it may be appropriate to file some motions to reconsider or an appeal in your case but that will be discussed with your attorney at that time.
While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed. Both you and the attorney should always keep in mind that the case could end up in trial. While attempting to reach a resolution, work towards being able to protect your interests in court. 5.
Most people havenât had to hire a divorce attorney before, and, even if they have, it was for something completely different. You probably canât use the attorney you used when you closed on your house in your divorce and, even if you could, you probably wouldnât want to. If youâve had any experience with personal injury lawyers or estate lawyers, youâre probably pretty well aware that the subject matter is vastly different from what youâre experiencing now, and any of those lawyers you used before wouldnât really be able to handle your divorce, too.
Why? Well, itâs a complex branch of the law, and itâs constantly changing and evolving. An attorney who doesnât exclusively practice family law (like, for example, an attorney who is primarily a personal injury attorney but does a few divorce cases on the side) can easily miss out on some of the most up to date changes in the statutory and case law. Trust me, you donât want that! You want someone who is knowledgeable and experienced.
Keep in mind that, in a divorce, you can only divide the things that you had before you separated, so fighting for longer and spending more money on legal fees really only means that there will be less ( not more) to divide between the two of you.
A lot of times, you donât just have your attorney working on your case; you have a whole team of people. In most law firms, there are attorneys, paralegals, secretaries, and sometimes even interns. Any of these people may be working on your case, and you have a right to know who they are (and how much they bill) ahead of time. Most of the time, these people are brought in because the attorney wants to save you money (after all, a paralegalâs time costs less than an attorneyâs, and an internâs time probably costs even less), but you should still know about it, and have a chance to meet them, if that is important to you.
(Again, remember, you want an attorney who practices exclusively family law!) It takes an attorney handling a lot of divorce and custody cases before she becomes truly experienced, so if youâre confused or donât understand something, donât beat yourself up. Speak up and ask questions where youâre unsure or confused. Your attorney should understand, and be willing to answer any question that you have.
There are certain tasks you can do to keep fees and costs down, such as obtain and organize your financial records versus your attorney having to get them from your spouse, requesting documents from banks instead of having the attorney issue subpoenas, or work with a financial advisor to figure out a budget instead of having your attorney do this. You can also see a therapist to deal with the emotional aspects of your divorce. Remember, although your attorney may have empathy for your situation and should listen to your concerns in order to best represent you, your attorney is there to get you a good financial and child related settlement or outcome, not to counsel you emotionally.
Mediation can be very effective in settling a divorce case, but not all attorneys are supportive of this process. Educate yourself on what mediation means and entails and then get the attorneyâs opinion. You want to make sure that the attorney is open-minded enough to consider options besides litigation.
Editor-in-chief: Jackie Pilossoph. Divorced Girl Smiling is here to empower, connect and inspire you. Jackie Pilossoph is the creator and Editor-In-Chief of Divorced Girl Smiling, the site, the podcast and the app.
The author of the novels, Divorced Girl Smiling and Free Gift With Purchase, Pilossoph also writes the weekly dating and relationships advice column, âLove Essentiallyâ, published in the Chicago Tribune Pioneer Press and the Chicago Tribune online. Additionally, she is a Huffington Post contributor.
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, theyâll ...
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, theyâll be able to explain what youâll have to expect during the process, as well as how it will look like.
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 youâll 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.
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.