what questions do i need to ask my divorce attorney

by Beaulah Kilback 3 min read

Top Ten Questions to Ask Your Divorce Attorney in the Initial Interview

  1. How long have you been practicing, and what percentage of your practice is devoted to family law? ...
  2. Do you prefer to negotiate and settle, and what is your attitude toward mediation? ...
  3. Who will be working on my case, and how involved will you be personally? ...
  4. How much is your retainer, and how does it work? Find out how much the retainer is, and what it will cover. ...
  5. What are your hourly rates, and how will I be billed? Attorneys and staff bill at different hourly rates, and most attorneys charge their hourly rates against the retainer. ...
  6. How long should my divorce take, and what do you estimate it will cost? ...
  7. If you are unavailable when I call or if I send you an email, how long should I have to wait for a response? ...
  8. Will I receive copies of all the documents you generate and receive regarding my case? ...
  9. How familiar are you with the judges and court personnel and local court procedures? ...
  10. Are you comfortable representing someone in my situation? It is important that your attorney has represented clients in similar circumstances to yours, especially if your have an out-of-the-ordinary situation ...

Full Answer

What you should know before contacting a divorce attorney?

If this is something you want to do, you should ask the attorney whether you have the proper basis to make such a request of the court. The attorney should then ask questions to determine if you have the factual and legal basis to do so on an emergency basis or a nonemergency basis.

What qualities make a good divorce attorney?

Jan 14, 2020 · Some of the questions to ask divorce attorneys when you are interviewing them might concern the specifics of your case, such as: What is the timeline for my divorce? How do you think a judge is likely to rule on the issues that are most important to me? What factors is the judge going to consider in making a decision on an important issue?

How to evaluate a good divorce attorney?

Jan 14, 2021 · Regardless of what you bring to your divorce consultation don’t forget why you are in a divorce attorney’s office in the first place: (1) to get information about divorce in your jurisdiction– we firmly believe that knowledge is power!, (2) to get an idea about what your life could look like post-divorce, and (3) to evaluate whether the attorney you are meeting with is a …

Is a divorce attorney really the answer?

To maximize your time, you should come prepared with pertinent questions to ask the divorce lawyer that you're interviewing. After the initial consultation, you want to determine if this divorce lawyer is right for you. How long have you practiced? If you're dealing with substantial assets or a custody dispute, you want to hire an experienced lawyer. Ask the lawyer how long they have …

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Is a divorce lawyer a good fit?

Not every divorce lawyer is going to be a good fit for you. Don’t let a divorce lawyer be pushy in your free consultation. Pick the one that best suits you and your desired outcomes. When you file for divorce, your attorney has to juggle many types of law.

Why is it important to prepare for divorce?

When you prepare for a divorce, it makes everything easier. Your cost of divorce will be lower. Your divorce process will be faster. Your divorce will even be easier when you prepare for divorce before you file for divorce. Your divorce lawyer will give you a list of things that you need to prepare.

What to do if you are unsure about a divorce?

splitting debts. If you’re unsure about whether you have a contested or uncontested divorce, ask your divorce lawyer. If there are small things that you can figure out on your own with your spouse, you should. Your attorney will be able to point out what things you need to negotiate with your spouse on.

How much does a retainer cost for divorce?

A retainer fee usually covers half of the estimated total cost of divorce. Meaning, if your divorce lawyer thinks it will cost $10,000 to handle your divorce, the retainer fee might be $5,000. This is not a hard and fast rule, but just an example. The point is that your retainer fee is going to run out.

Does it matter who files for divorce first?

If you have been served divorce papers already, then that answers the question for you. If you’re going to have an uncontested divorce, it doesn’t matter who files for divorce first. But if you’re going to have a contested divorce, it does matter. You want to have time to prepare for divorce.

What is the purpose of mediation in divorce?

Divorce mediations help couples reach an agreement on their disputes without going to trial. When you go through divorce mediation, you have the final say. When you go to trial, the judge has the final say on how to settle. If you need divorce mediation, ask your divorce lawyer for a divorce mediation checklist.

Questions About Experience

The issues that need to be addressed in your divorce are ones that will affect you and your family for years to come. When asking your divorce interview questions, it is important to learn whether your family law attorney has the experience necessary to advise you correctly.

Questions About Billing

Questions about billing are definitely important questions to ask an attorney about your divorce case. If you’re concerned about keeping costs down, you will want to understand your attorney’s billing practices. Here are a few questions that will cover the basics:

Questions About Communication

When you are going through a divorce, you will probably have many questions for your divorce attorney.

Questions About Procedures and Law

For many people, going through a divorce may be their first real experience with the legal system. You may feel a bit overwhelmed by the process or concerned about what the laws mean for you.

How to Find a Divorce Attorney

Are you ready to start interviewing divorce attorneys? You might want to start with the experienced family law attorneys at Eskew Law. We pride ourselves on excellent communication with our clients and favorable results.

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.

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.

How long have you practiced?

If you're dealing with substantial assets or a custody dispute, you want to hire an experienced lawyer. Ask the lawyer how long they have practiced in divorce law and how many cases they have handled. Further, find out how many of these cases led to a trial to determine the lawyer's courtroom experience.

How much do you charge?

You also want to understand the lawyer's fee structure. Does the lawyer bill by the hour? Or do they provide a fixed fee? Does the lawyer charge for phone calls, copies, and postage? What about psychologists, private investigators, or doctors? Are these expenses billed in addition to the flat fee?

What are the divorce procedures in my state?

Each state has different rules regarding divorce, child support, custody, alimony, and other related issues. You need to understand how your state approaches your divorce issues.

Should I do anything to protect myself?

Finally, before you conclude your meeting, you want to ask if there's anything you should do to protect yourself as you go through the divorce.

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