questions to ask when hiring a divorce attorney

9 Questions to Ask Before Hiring a Divorce Lawyer.

• 1. Do you handle cases other than divorce and family law? The answer to this question will help you evaluate the dedication of a lawyer to your case.
• 2. For how long have you been involved with family law?
• 3. What is your fee structure?
• 4. How will you communicate about the case?
• 5. Have you ever been in trouble with the bar association?

Full Answer

What you should know before contacting a divorce attorney?

• take photographs of every item and photograph sets of small items, such as dinner ware, together
• use the front page of that day's newspaper in every photograph in order to create a "time stamp," which avoids any claims that the photo was taken at an earlier ...
• keep your photos in a safe, protected place

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How to evaluate a good divorce attorney?

These are some questions to ask when you are evaluating an attorney:

• How long have you practiced this type of law? ...
• How many cases of this type have you handled in the last six months? ...
• What are your fees? ...
• What are the court fees? ...
• How much do you think a case like mine would cost? ...
• Can a payment plan be worked out? ...
• What are the chances of my spouse paying some of my legal fees? ...
• Do you provide a written contract? ...

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What to look for in a good divorce attorney?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

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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

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...•

What should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

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...

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim 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.

What can wife claim in divorce?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

Who pays attorney fees in divorce?

Traditionally, the parties each pay for their own attorney in a divorce suit. The spouses are not allowed to share an attorney, so each party must provide their own attorney for the legal process.

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.

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...•

How does a woman protect herself in a divorce?

Gather evidence of a husband's misbehavior or abusive actions. Stay safe and protect your children. Update paperwork and beneficiary designations after divorce. Ensure that your future is protected before you finalize a divorce settlement.

At what age is a child most affected by divorce?

Elementary school age (6–12) This is arguably the toughest age for children to deal with the separation or divorce of their parents.

What to do if you haven't settled your divorce?

If you haven’t settled this with your partner, then ask your lawyer before hiring them about your chances of getting the custody of your child (ren). Understand the factors considered by state judges when deciding which parent should get the custody. Sometimes custody battles can extend the divorce proceedings.

What to expect if you have gone through a divorce?

Unless you’ve gone through a divorce before, chances are you are unaware of what lies ahead and what to expect. Divorce proceedings vary from state-to-state, and the duration of your case will depend on your situation and how cooperative you and you ex-spouse are.

What to do if you don't want to go to trial?

If you don’t want to go to trial, ask your lawyer about an alternative dispute resolution process – such as arbitration or mediation. If you and your spouse are good candidates for alternative dispute resolution, then you just might be able to reduce the financial and emotional cost of divorce. 9.

Why is it important to ask someone about their experience in family law?

This is especially important if you believe your divorce is going to be difficult or contested.

Can a lawyer who doesn't practice family law lose your case?

Plus, the latter have more experience in and out of the courtroom when handling family law matters. However, that doesn’t mean that a lawyer who doesn’t practice family/divorce law will lose your case.

Can a custody battle extend a divorce?

Sometimes custody battles can extend the divorce proceedings . You may have to concede some matters so you can wrap up the case quickly. Ask your lawyer when it’s in your favor to settle and where you might benefit from challenging the issue.

Why is it important to ask a divorce attorney about their experience?

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.

What can a divorce attorney do for you?

An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.

What happens if an attorney cannot provide references to former clients?

If an attorney cannot provide you with multiple references to former clients, that attorney may not have much success representing clients. The former clients should also be types of cases similar to yours. I am not referring to you going through a divorce and getting a referral to a prior divorce client.

What happens if an attorney does not have a solid command of the law?

If the attorney does not have a solid command of the law on these issues, he or she may lack the experience you need. This is especially true if you expect your divorce to be contested and high conflict. Questions to ask a divorce attorney on the first visit about the divorce process. 1.

What should an attorney explain to you?

The attorney should explain to you the importance of the attorney - client relationship and the privilege in communications. The attorney should explain to you how and why you should not disclose attorney - client communications to any third parties or your spouse. This is a complex topic.

How often do attorneys communicate?

The more complex the case, the more the communication will likely take place. A typical case has communication between one to four times per month.

Why do you use "likely" in divorce?

I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.

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.

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.