what questions should i ask my divorse attorney

^{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. ...
How long should my divorce take, and what do you estimate it will cost? ...
If you are unavailable when I call or if I send you an email, how long should I have to wait for a response? ...
Will I receive copies of all the documents you generate and receive regarding my case? ...
How familiar are you with the judges and court personnel and local court procedures? ...
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?

What your divorce lawyer should tell you is what temporary orders make sense in your case. For example, does it make sense to do the following? Should you seek temporary child custody and parenting time orders? Will there be benefit in seeking temporary child support and spousal support orders?

How to evaluate a good divorce attorney?

Mar 31, 2017 · This will help your attorney assess your situation, and will help you know the right questions to ask. Universal questions which should always be asked include: Do you specialize in divorce law, or is it just an additional part of your practice? What is your case history? Have you handled cases similar to mine in the past? Will anyone else in your office be working on my …

What to look for in a good divorce attorney?

The references will also tell you how successful your lawyer has been and how professional he/she has been in the past. If a lawyer refuses to give you a list of references, it isn’t a great sign. “How much is my divorce going to cost?” This is a big question. A lawyer will not be able to tell you exactly how much your entire divorce will cost.

What qualities make a good divorce attorney?

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 …

What should a woman ask for in a divorce?

There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.

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

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 do you know it's time for a divorce?

10 Signs That It's Time to DivorceYou No Longer Communicate with Your Spouse. ... Your Marriage Lacks Intimacy. ... One Spouse Is Causing Financial Hardship. ... The Relationship Isn't a Top Priority. ... You Aren't Willing to Argue with Your Spouse. ... Opinions Concerning Children Greatly Differ. ... You Don't Feel Respected by Your Partner.More items...•Apr 23, 2021

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.

Meeting With Your Attorney

Any information, even that which you feel is barely relevant to your divorce, should be brought to your initial consultation. This will help your attorney assess your situation, and will help you know the right questions to ask.

Universal questions which should always be asked include

Do you specialize in divorce law, or is it just an additional part of your practice?

How do I Prepare My First Consultation With a Divorce Attorney?

Every divorce situation is different. Children, commingled assets, bank accounts, retirement funds, restraining orders; any and all which may exist can vastly affect the outcome and the judge’s decision of how to divide everything.

Does California have spousal support?

Temporary spousal support in California is also governed by the same computer program that determines child support. And most family law cases that involve W-2 wage earners or income that isn't difficult to calculate can result in relatively easy temporary spousal support determinations. While the marital lifestyle and the status quo does have some relevance to the temporary spousal support order, reliance on the computer-generated programs is common and most often used by judges in standard divorce cases that don't merit a deviation.

Can a W-2 give you child support?

Child support is one of the few areas of law that can be clear so long as there isn't a significant dispute in the income of the parents. If you and your spouse are W-2 wage earners, there's no reason the lawyer with whom you consult cannot at least give you a range of potential child-support orders. While the timeshare and visitation schedule with the children will affect child support, the numbers can be calculated with those variations in mind.

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.

What is a good family law attorney?

A good family law attorney often has a team to help him or her, which is great, but it is important for you to know who will be working on your case, who will be communicating with you, who will be in charge, and how you will be billed for that work. 4.

What to do if you can't settle a case out of court?

If you are not able to settle your case out of court, you want an attorney who is experienced and is willing and able to go to trial, if necessary, and who is familiar and comfortable with the local court system.

What does a good attorney do?

A good attorney will provide his or her client with copies of everything that is received or sent out. You don’t want an attorney who gets a settlement offer from your spouse’s attorney and forgets to send it to you for your consideration.

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.

What makes a good divorce lawyer?

A good divorce attorney will be knowledgeable and objective. As you explain your situation, the lawyer should be able to give you some idea of the general options available to you and the basics on the process your case will take. There are a few questions that you should ask when you sit down with the attorney.

What happens after death of a loved one?

After the death of a loved one, it can be difficult to focus on the legal matters that have to be attended to. One of the first things that happens, however, is that the estate goes into probate. Probate is a legal term that means a judge will... Read More...

What is child support?

Child support is a court-ordered payment for money to help with costs in raising a child. It is most commonly used for housing, food, clothing, and doctor’s appointments. When divorce or separation has occurred, child support is addressed in...

What is the custody law in Michigan?

The state of Michigan believes custody shall be granted according to “the best interest of the child.”. The court often encourages couples to work out their own arrangements for custody when there is a divorce or a separation in mind,... Read More...

Why is estate planning important?

The Importance of Estate Planning. Death is a certain, fundamental part of life that people should not shy away from. Although it is difficult to discuss, it is crucial to talk about what will happen with your or a loved one's estate. Nobody likes to think that they...

What is child support in Michigan?

As set forth by law, every child has a legal right to receive financial support from both parents. Child support is the court-ordered support a parent pays to assist with the cost of raising a child. In Michigan, it is a judge who determines the...

Is legal separation legal in Michigan?

Technically, legal separation is not recognized in Michigan. A couple may live separately and have their own agreements, but under the law they are still married and there are no legal limitations. However, there is a "separate... Read More...