top questions to ask an attorney when you're going to get divorced

by Dr. Buddy Cruickshank 6 min read

Here are 10 questions you can ask to help you choose an attorney who will support your specific needs during the divorce process: 1. How much do you charge, how frequently will you bill me and when will payment be due? How much of a retainer do you require initially and on an ongoing basis?

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? ...
  • How will you charge me?

Full Answer

What you should know before contacting a divorce attorney?

An attorney should not hesitate to provide this to you and you should understand situations might change because you cannot predict your spouse's behavior any more than your spouse can predict your behavior. Questions to ask a divorce attorney on the first visit about billing. 1.

What are the best questions to ask a lawyer?

You want an attorney who has experience handling divorce cases before judges in family court. What is the usual result of your cases? While each case is different, ideally you want an attorney who is able to help you negotiate a settlement without having a judge involved to settle disputes. Ask the lawyer about favorable settlements for past clients.

What should you look for in a divorce attorney?

Here are 10 questions you can ask to help you choose an attorney who will support your specific needs during the divorce process: 1. How much do you charge, how frequently will you bill me and when will payment be due? How much of a retainer do you require initially and on an ongoing basis? 2. What other fees, costs, and expenses will I have to pay?

Do I really need an attorney for my divorce?

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 is family law?

However, family law is a subspecialty that involves complex legal principles, which take time and experience to master.

What is a restraining order?

restraining orders prohibiting spouses from changing beneficiary designations or transferring assets before and during the divorce. alimony (how to calculate income available for alimony and the special factors courts consider when determining setting payments) child support (how to calculate child support in your state)

What is the division of property and assets?

the division of property and assets, including real property, collectibles, venture capital interests, stock option portfolios, good will, or other business interests, and . the division of retirement benefits. There is a vast body of law (which will vary from state to state) that applies to these issues. These laws are frequently updated ...

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.

1. Are you a family law specialist?

Being a “family law specialist” will mean something a little bit different depending on which state you are in. For some (like California), it is regulated by the state via rigorous testing and standards. Even if your state is a little lax on the testing, however, it’s still an important question to ask.

2. Have you ever dealt with a case like this before?

This question doesn’t have a right answer, it’s more about getting the attorney talking about their philosophy and how they are likely to deal with you as a client. Are they telling you what you want to hear, or are they being honest even at the risk of relaying hard truths? A good divorce attorney will shoot it to you straight.

3. What am I going to be billed for and what is not billed?

Before you hire an attorney, find out if they differentiate how they bill for different levels of legal work. The attorney should charge lower paralegal rates for legal work that does not require the attention of the lead attorney.

5. How much is this going to cost?

Any halfway decent attorney won’t attempt to answer with anything other than, “it depends”. That may be hard to accept, but unless you have a full agreement with your ex and all you need is the paperwork done, the attorney can only offer a wide range that depends on almost infinite factors.