what are the best questions to ask an attorney when looking to divorce with kids

by Dr. Denis Windler I 3 min read

Questions to ask about how your custody issue will be managed include: Are you available to handle my child custody case? Will you personally manage my case, or will another attorney be responsible for it?

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 questions should I ask my divorce lawyer?

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. The contact form you see will send us an email.

What you should know before contacting a divorce attorney?

Jan 14, 2021 · What questions is the lawyer asking you about your situation? This question is your chance to 1) make sure they’ve been hearing you and 2) get insights that could help keep your divorce process moving along without surprises. 5. Talk about payment. This question is especially important if you’re concerned about your financial situation.

How to evaluate a good divorce attorney?

Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? How many family law cases have you handled? Are you a "certified family law specialist?" 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?

What qualities make a good divorce attorney?

Communication between you and your divorce lawyer can be critical and you should have a concrete idea about how it is going to take place. Here are some questions you can ask to streamline your communication – How regularly are you going to contact me? Will the contact be direct or will the messages come through your team?

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What moms should ask for in a divorce?

What Are My Rights as a Mother Going Through Divorce?Ask for physical custody of your children.Ask for legal custody of your children.Receive child support if you are the custodial parent.Ask for spousal support if you need it.

What to ask yourself before getting divorced?

Questions to Ask Yourself Before You DivorceWhat Has Gotten You to the Point Where Divorce Is the Option?What Have You Done to Try to Fix the Problems?What Will the Impact Be on Your Children?What Were the Best Times in Your Relationship?Sep 21, 2020

How do you know divorce is the right choice?

Negative signs Divorce might be the best choice for you if: there's a pattern of abuse, drug addiction, or repeated infidelity. neither of you is willing to change or adapt to present circumstances. neither of you is able to forgive past wrongs or make amends.Aug 16, 2006

What are some marriage counseling questions?

Key questionsWhat are the biggest problems in our marriage?Do we want to stay together?Is this a temporary phase (or is it something more permanent)?When did these problems start?Do you believe we can save our marriage?Do you love me, and if so, in what way?What do you love most about me?Do you trust me?More items...

How long do you have to wait to hire a lawyer?

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, they’ll ...

Can you move right away?

Whether you’ll move or not will depend entirely on you , nonetheless, there are situations where your legal representative will advise you to either stay or move since it can influence your entire case. For example, in the cases of emotional or physical abuse, false allegations of violence, and so on, your attorney will probably tell you to move right away.

Is divorce expensive?

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 you’ll 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.

Is it stressful to get divorced?

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.

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 does an attorney do after divorce?

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. While the attorney should be working to resolve the issues as amicably as possible, sometimes court intervention is needed.

Do lawyers have to be transparent?

Lawyers are ethically required to be transparent about how much their hourly rate is and their fee structure. Your fee agreement should explain everything you need to know about billing but most importantly you should discuss ways you can save on fees.

Does Arizona require spousal support?

Arizona is one of the states that provides for spousal maintenance under certain circumstances after a divorce. If both parties worked during the marriage and are ending the marriage more or less equally situated, alimony is probably not appropriate but the topic should still be addressed with your attorney.

Is Arizona a community property state?

Arizona is a community property state, and the separating spouses will split the marital pot equitably. 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.

How to gauge how involved an attorney wants you to be?

You can gauge how involved an attorney wants you to be by asking how you can help your case. Ask what information and documents you need to provide. Determine there are things you should do to help your case.

What are the factors that complicate divorce?

Your situation is unique based on your relationship, finances, and other factors. You might have matters that complicate the divorce, such as owning a business, being in the military, or having a spouse who doesn’t want the divorce. Having kids with your spouse also complicates the settlement.

Can divorce be settled out of court?

The divorce process is generally the same, but the approach to settling the case can change your experience significantly. Your case can either be settled out of court or be settled in court by a judge.

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 ...

What is sole custody?

In fact, the term “sole custody” really pertains to decision-making. If a parent has sole custody, he or she will be responsible for making the decisions concerning the issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities Sole custody does equate to more ...

What is shared parenting?

Shared parenting, in its purist form, is an arrangement in which parents make joint decisions concerning issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities. The details of specific arrangements for each family are memorialized in a document called ...

Does Ohio have a right to choose which parent to give custody of a child?

As of 1991, Ohio officially no longer recognized the right of a child to choose which parent would receive custody. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. The Court is not bound by the child’s wishes, regardless of that child’s age. Instead, the court considers the child’s wishes and concerns as well as additional factors including:

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

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