what questions should you ask a divorce attorney before hireing the attorney

by Magali Kuhn 10 min read

  • 1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? ...
  • 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? How do I get a hold of you if there is an emergency? ...
  • 4. Will anyone else in your office be working on my case? What experience do they have? Can I meet them?
  • 5. How will you charge me? What is your hourly rate? Do you charge for the time I spend with other lawyers, with paralegals, and/or with secretaries? ...
  • 6. What costs (other than your own) do you expect will be involved (for example, for private investigators, forensic accountants, physicians, and/or psychologists), and how will you charge me for ...
  • 8. Do you allow me to negotiate directly with my spouse? How can I keep the cost of my divorce down? ...
  • 9. Based on what you know about my case, how would you predict a judge would rule on it?
  • 10. What can you do to help me understand the tax effect of the decisions I will have to make?

Key Questions to Ask Your Divorce Lawyer
  • 1) How many divorce cases have you handled? ...
  • 2) How often do you reach an out-of-court divorce settlement agreement? ...
  • 3) What is your take on collaborative divorce? ...
  • 4) Do you know my spouse or my spouse's attorney? ...
  • 5) How well do you know the local family court judges?

Full Answer

What you should know before contacting a divorce attorney?

Communication File security and access References and reviews Delegation of responsibility Cost of divorce Reasonable expectations Your living arrangements Temporary orders Child custody and parenting time Spousal support Child support Attorney's fees requests Divorce process Community and separate property Contested versus uncontested issues

How to evaluate a good divorce attorney?

We've provided a few questions you might consider asking during your initial interview with a family law attorney. These may help you determine whether this lawyer is right for your case. 1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law?

What to look for in a good divorce attorney?

Apr 15, 2020 · Depending on how forthright they are, ask a few follow up questions so you have a complete picture of the cost, how it’ll be paid, and when. Here are few example questions to consider: Do you charge an hourly rate or a fixed cost? Is there an upfront retainer you charge? How much is the retainer, if you have one? Is the retainer refundable?

What qualities make a good divorce attorney?

Dec 18, 2016 · Below are 31 Questions That Will Help You Find the Right Divorce Attorney for You 1. Is your practice exclusively family law? 2. Is there an office policy focused on timely responses to client calls? 3. Will you handle my case or will it …

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 is spousal support?

Spousal support, also called alimony, is either temporary or ordered at the final judgment. Most divorce cases include both temporary spousal support and spousal support at the judgment phase. We are not going to go into a lengthy discussion about spousal support.

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.

What happens if your primary lawyer isn't the only attorney working on your case?

If your primary lawyer isn't the only attorney working on your case, you may also be paying for other associates' time. While this is quite common, knowing what you're paying for may ease your mind a bit. 20 of 26.

What does a divorce mediator do?

As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation.

What to do if you are financially dependent on your ex?

If you are financially dependent on your soon-to-be-ex, you may want to consider finding a lawyer who will petition the court for your spouse to pay for their services. This essentially means you have a fair trial or collaborative divorce. 25 of 26.

What is collaborative divorce?

A collaborative divorce could end with you and your ex on good enough terms to be friendly with one another. While keeping your divorce out of the courts may sound ideal, you may need to take it to trial.

Is divorce a big step?

Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation. If you've never been divorced before, the process may feel scary and uncomfortable, so before hiring a divorce attorney, you should do your research to ensure you're ...

Do lawyers charge by the hour?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you're getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown. 19 of 26.

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 ...

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

How Long Have You Been Practicing?

A lawyer’s experience is critical for putting together strong cases and winning you the best deal possible. However it also has other ramifications, like their relationships with other attorneys & judges, knowledge of local rules and case law, and experience handing specialty cases.

What Will the Total Cost Be?

You want to gauge how honest and open your lawyer is in their answer here. Depending on how forthright they are, ask a few follow up questions so you have a complete picture of the cost, how it’ll be paid, and when. Here are few example questions to consider:

How Do You Communicate with Clients?

Since we mentioned emails, good communication between a lawyer and their client is super important. You should dedicate time learning how the attorney works with their clients.

What to Ask a Divorce Lawyer Before Hiring Them

It isn’t easy to interview a divorce lawyer – you’re not sure what questions matter, and what to look for. These questions should provide you a good starting point to get the info you need in selecting an attorney.

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Lisa Derr

Lisa Derr is an experienced Divorce and Family Mediator with three offices in east central Wisconsin. She started the family mediation practice in 1995. Lisa earned her BA in psychology from the University of Wisconsin in 1984 in four years despite a serious car accident that involved a 2-month hospital stay. She began practicing law in 1987.

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.

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.

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.

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.

Why do marital assets depend on property laws?

Allocation of marital assets depends on the property laws, which vary from one state to state. This is because the property laws dictate the ownership rights. In the majority of states, splitting marital assets is simple, and both partners are assigned joint assets.

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 are lawyers so bad at responding?

Generally, lawyers who are bad at responding in a timely fashion are this way because they lack adequate support staff. Many try to wear every hat in their office, from drafting pleadings, meeting with clients, and going to court, to making copies, stuffing envelopes, and answering phones.

What is hourly billing?

And, of course, the most common type of billing arrangement is hourly billing, in which an attorney bills for his own time and the time of his paralegals, at a certain rate per hour, meaning you pay for exactly the amount of work you get.

Do attorneys charge for initial consultation?

Indeed, some attorneys will charge you for the initial consultation, so you should know that before you go in to get information and come out with a bill in hand.

Can a lawyer represent you?

Your lawyer cannot be effective representing you or other clients if he or she is taking every call that comes through to him or her everyday. As a result, if you need to speak with your attorney, you should be prepared to schedule an appointment for a phone call when you are both ready and available.

Do people hire attorneys?

Most people do not hire attorneys everyday. This may leave them at a bit of a disadvantage in knowing what they should find out from an attorney before hiring them.