what to ask a divorce lawyer

5 Questions to Ask Your Potential Divorce Lawyer

• 1. Ask them to describe their approach to the divorce process. ...
• 2. Ask about communication. ...
• 3. Ask how you’ll be able to monitor the status of your case. ...
• 4. After you lay out your case, ask where they see things potentially going off track. ...
• 5. Talk about payment.

Full Answer

What are good questions to ask a divorce attorney?

As you continue to read this article on questions to ask a divorce attorney, we wanted you to know the attorneys at our premier family law firm are a phone call or online inquiry away. Click below if you want to call us. Our office hours are Monday through Friday, 8 AM to 5 PM.

What you should know before contacting a divorce attorney?

13 Questions to ask a divorce lawyer to help determine if they are a good fit for you: 1. Are you supportive of the mediation process? While it may seem counter-intuitive to ask a lawyer this question if your spouse isn’t amenable to mediating, it can tell you a lot about how they approach the divorce process.

How to know if a divorce lawyer is good?

Questions to Ask a Divorce Lawyer. This list of questions to ask a divorce lawyer isn’t exhaustive. If there are any issues that have been concerning you, add them to the list of questions to ask a divorce lawyer. Remember, they’re not only there to handle your case, they’re also there to help you navigate this painful and complex process.

What should you look for in a divorce attorney?

Apr 14, 2021 · Start by getting an overview of the attorney’s experience with divorce cases, particularly those that are similar to yours. For example, if children are involved in your separation, ask the attorney to share past experience setting up custody agreements and child support.

What questions should I ask my first divorce lawyer?

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 should I ask for in a divorce settlement?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.Sep 14, 2017

What can be used against you in a divorce?

Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.Jan 22, 2021

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...•Jan 29, 2017

Why moving out is the biggest mistake in a divorce?

One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.Mar 31, 2021

How do I ask for divorce peacefully?

There's no single “right” answer when asking for a divorce, but with preparation, you can make a tough conversation go a little more smoothly:Prepare Yourself. ... Choose A Suitable Place and Time. ... Keep Your Cool for Your Kids. ... Be Gentle, But Firm. ... Listen to Their Perspective. ... Be Understanding and Empathetic.More items...•Dec 19, 2019

How do I protect myself financially in a divorce?

How to Protect Yourself During DivorceIf 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. ... Cancel all jointly-owned credit cards. ... Make a record of all marital property.More items...

Can I date while going through a divorce?

Yes. If you're ready to, you are free to date other people while separated. Your separation agreement is critical though because if the timing of the relationship comes into question during your divorce your relationship may be considered as an affair or adultery.Aug 5, 2021

Should I talk to my spouse during divorce?

You should only communicate with your spouse if the communications are to be positive, important and cordial. Feelings can run a little hot in divorce ”“ it happens, it's normal ”“ but you want to keep a level head. If you act hateful or threatening, that will hurt you in divorce court in matters such as child custody.Jul 12, 2016

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•Aug 4, 2015

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

How do you prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

How many years of experience do you have?

You would not want to go into the operating room with a surgeon who had only seen a few patients. It is the same with attorneys. You want someone with expertise that can understand the unique circumstances of your family law case and advise you on how to deal with them.

Can you describe the process?

While every lawyer is different, and there’s no guarantee of results, there are certain processes and protocols that attorneys commonly follow. A skilled lawyer should be able to give you an idea of what to expect and provide timelines of cases similar to yours.

How often will we communicate?

Maybe you prefer face-to-face meetings, or would rather talk on the phone than send an email. It is important that you find out how your lawyer prefers to communicate, and make sure that it aligns with your wants and needs

Who will be involved in handling my case?

Some lawyers work alone, while others will utilize associate attorneys, paralegals and third-party providers. You do not want to hire a divorce attorney you think is ideal for you only to find out that he or she will be passing your case off to someone else.

What financial documentation will I need?

From paycheck stubs to mortgage statements, organizing relevant documents is a key part of being prepared. A potential family law attorney should be able to give you an idea of the documentation that will best support your case.

What will all of this cost?

While your attorney likely will not be able to give you an exact number, learning how they bill clients (e.g., hourly, fixed fee) and deal with additional third-party costs (e.g., filing fees) will give you an idea of the money you’ll have to spend if you work with them.

How much will I need to pay as a retainer?

A retainer is a lump sum payment that you pay to a lawyer to secure their future legal services.

1- Do you know my partner in any way?

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.

Can an attorney give you the cost of divorce?

While an attorney may not be able to give you the exact cost of your divorce (unless they offer a flat rate fee), they should be able to offer an estimated cost of taking on your case. In addition to considering the costs listed above, the attorney should factor in the complexity of your case to determine a reasonable estimate for the overall expense. They should also include stipulations and situations that may increase or decrease the cost.

Can I work with an attorney again?

In some situations, you may meet with an attorney for your initial meeting and then never work with them again. Many law offices have a few attorneys who act as the face of the firm but don’t actually work directly with clients. Once you hire the firm, you work with a variety of other attorneys and legal assistants rather than the attorney you initially met with.

Is divorce a difficult process?

Going through a divorce can be a challenging experience. The process can be both personally taxing and procedurally confusing. This is why you want to have the best divorce attorney by your side during the process.

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.

What are my legal options?

Just because you’re consulting with a divorce lawyer doesn’t mean that divorce is the only potential outcome of your case. Your lawyer will review the options available — including a trial separation, a legal separation, and divorce, and explain the similarities and differences between each of these paths forward.

When and how will we communicate with each other?

Your divorce attorney will discuss with you the whens and hows of attorney-client communication. If you’d like regular updates on your case, you can ask your attorney if this is something they’ll provide; if you’d prefer to speak to your attorney only when there’s been a new development, this is also something that can be accommodated.

What rates and fees do you charge?

Most divorce lawyers offer an initial consultation at a reduced fee (or no fee) — you’ll begin to pay only once you sign a retainer agreement. Your first meeting provides you the opportunity to ask your divorce lawyer what fees and rates they charge and negotiate the scope of the representation.

What can I tell my spouse?

Once you’ve begun divorce proceedings, your communications with your spouse may (and should be) more constrained, even if you’re living in the same home.

What results can I expect?

Any attorney who promises you that you’ll achieve a specific outcome is one to avoid — it’s all but impossible to predict the outcome of any specific case. However, your attorney can lay out the various possibilities and indicate their opinion as to which outcome may be the most likely.

Should I move out of the house? Can I kick my spouse out?

Once divorce is on the table, spouses rarely want to continue to live under the same roof. However, the question of which spouse should move out is often a complicated one, particularly if both spouses’ incomes are needed to make the mortgage payment.

Who will work on my case and make court appearances on my case?

Unless your appointment is with a solo practitioner, it’s possible that more than one attorney will work on your case — and you may also be represented in court by more than one attorney. This type of collaborative work can benefit you, as having more eyes on a file (and more perspectives to offer) can be valuable.

Main Issues to Discuss with Your Divorce Attorney

The checklists below, organized into general categories, can give you an idea of what documents you'll need to gather as well as issues to discuss with your divorce attorney.

Get Legal Help with Your Divorce

The legal issues involved in a divorce are numerous and complex, which is why it can be daunting to go through a divorce without legal representation. Contact a local divorce attorney who can answer any questions and help guide you through the divorce process.