what questions to ask when looking for a divorce lawyer
by Stephon Wolf
Published 2 years ago
Updated 1 year ago
4 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?
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?
Asking the questions above will help you to narrow down your options and find the right divorce lawyer for you. At The Ohiku Law Office, we have the experience and knowledge you need to protect your interests and get the best possible outcome in your divorce. We specialize in divorce law, child custody and placement, dispute resolution, and more.
What should you look for in a divorce attorney?
1 Question to Ask A Divorce Lawyer. 1.1 Do You Specialize in Divorce? 1.2 How Long Have You Been Practicing Divorce Law? 1.3 How Will Your Team Work Together on My Case? 1.4 How Will You Achieve My Goals? 1.5 How Long Do You Expect This Process to Take? 1.6 How Much Do You Anticipate My Case Will Cost? What Will I Be Charged For?
What does it take to become a divorce lawyer?
Jul 26, 2021 · What is your hourly billing rate? Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you're getting into …
What questions should I ask when getting a divorce?
Ten Questions to Ask a Divorce Attorney
Do 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? ...
Property Division. Almost every marital estate includes assets and debts. ...
Spousal Maintenance. ...
Custody and Parenting Time. ...
Child Support.
Jan 24, 2013
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.Nov 25, 2020
How can a woman protect herself in a divorce?
Whenever possible, make a good faith attempt to work things out, and always weigh the consequences of your actions.
If you have children, consider staying in the family home. ...
Don't allow your spouse to take the children and leave. ...
Get an attorney. ...
Safeguard personal papers and make copies of important records.
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.May 5, 2022
How a woman should prepare for divorce?
9 Critical Steps Women Should Take To Prepare For Divorce
Gather your financial records. ...
Open a Post Office Box. ...
Start putting money away for legal and other professional fees. ...
Open a new checking and savings account. ...
Open new credit cards in your name only. ...
Get a copy of your credit report.
What you should know before you talk to a lawyer?
10 Things You Should Know Before Contacting a Lawyer
Have 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. ...
The last thing you want happening is your lawyer not performing to their bests due to emotional attachments with your spouse.
2- How many divorce cases were you able to settle without court proceedings?
Taking divorce cases to court only prolongs it unnecessarily. Most times, the only effect of taking a divorce to court is elevated fees.
3- How many divorce cases have you handled?
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.
4- Will another lawyer be taking up my case at any point in time?
After conducting tons of research and asking tens of questions, you’ve decided to settle on a divorce lawyer.
5- Can I access all of my documents at will?
Your documents are all yours, and there are no reasons why your attorney should be keeping them away from you. A typical answer to this question should be a resounding yes.
6- Are there any hidden costs?
Most times, you may have to pay extra costs if the divorce process meets a specific condition.
7- What are the available means of communication?
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.
Do You Specialize in Divorce?
You need a lawyer that specializes in divorce law or family law. Other lawyers, although they may be competent in certain areas of the law, may not have the expertise to handle your case effectively.
How Long Have You Been Practicing Divorce Law?
In matters of family law, nothing matters more than experience. Lawyers with years of courtroom experience are better equipped to handle your case and provide creative solutions.
How Will Your Team Work Together on My Case?
Most law firms have a team of lawyers and law clerks that handle various cases at once. It’s important that you ask whether several lawyers will collaborate on your case, or if only one lawyer will—the more skillsets working on your case, the better.
How Will You Achieve My Goals?
A competent lawyer should have a detailed plan after your first meeting regarding how they will meet your goals. Otherwise, you can’t be sure whether their services will be effective.
How Long Do You Expect This Process to Take?
Once the lawyer has been informed about the details of your case, they should have an informed opinion regarding how long it might take to seek a resolution. Otherwise, the case might drag on forever and cost you a lot of money.
How Much Do You Anticipate My Case Will Cost? What Will I Be Charged For?
If your lawyer doesn’t have a detailed costing breakdown, you might end up overcharged for their services.
What Is the Easiest Way to Resolve This Divorce?
Misunderstandings abound in the realm of divorce law. Inquire with your lawyer about whether they know of any expedient solutions to resolve the dispute as speedily as possible.
Can you take your divorce to trial?
While keeping your divorce out of the courts may sound ideal, you may need to take it to trial. If your spouse is a bully or has a combative personality, things may get out of hand, and for that reason, the courts could keep him or her in check. 04 of 26.
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 ...
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.
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 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.
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.
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.
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.
Do divorce lawyers go to trial?
The reality is that divorce attorneys need to both be able to “get the deal done” and go to trial and win when a resolution cannot be reached. Divorce attorneys are both transactional and trial lawyers.
Can you keep the status quo during a divorce?
Often it is ideal to keep the status quo during a pending divorce until all of the issues get finally resolved. Unfortunately, emotions are high and often one party, especially the one controlling the purse strings, threatens to change the status quo of the other party.
Can an attorney handle a high conflict case?
It’s just the stark reality of life that no attorney can handle a caseload that is 100% high-conflict. High-conflict cases tend to take up a disproportionate amount of time, energy, and emotional resources.
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.
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.
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 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.
Experience & Qualifications
There are a few questions to ask that can give you an idea of whether or not a lawyer is experienced in handling divorce cases, including: 1. How long have you been practicing family law? 2. Is divorce your specialty? 3. How many divorce cases have you handled? How many were settled out of court? 4. Are you familia…
Find An Attorney Who Always Puts Your Interests First
Asking these questions can help you get a feel for an attorney’s style and whether they will be a good fit with your personality. Do not hesitate to ask any additional questions you may have as well. Talking with a skilled, compassionate Pennsylvania divorce lawyercan help put your mind at ease and make the process less stressful.