what questions to ask an attorney about divorce

Questions to ask about the lawyer's assessment of your case include:

• How would you evaluate my case?
• Realistically, what kind of settlement can I expect?
• What potential problems or obstacles do you see that could cause delays or affect the outcome of my case?
• Do you think we will have to go to trial?
• How long will it take to complete my divorce?
• Would you recommend mediation or arbitration in my case?

Full Answer

What a woman should ask for in a divorce settlement?

What Should I Ask for in a Divorce Settlement?Your Marital Home. Think about what you want from your marital home. ... A Fair Share of Assets. ... Retirement and Investment Accounts. ... Fair Debt Division. ... Parenting Time. ... Child Support and Alimony. ... Your Child's Future Needs. ... Take the First Step with Coumanis & York.

What to prepare before asking for a divorce?

Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready to File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You can Get. ... Make Sure You Have Available Credit.More items...

What are some interview questions for divorce?

15 Interview Questions to Ask a Divorce LawyerWhat areas of law do you practice? ... What geographical area and courts do you cover? ... What experience do you have with divorce cases? ... How will you help me resolve my divorce case? ... What accreditations do you have? ... Have you ever taught a family law legal seminar?More items...•

What questions should I ask my lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...

What can you not do during a divorce?

Top 10 Things NOT to Do When You DivorceDon't Get Pregnant. ... Don't Forget to Change Your Will. ... Don't Dismiss the Possibility of Collaborative Divorce or Mediation. ... Don't Sleep With Your Lawyer. ... Don't Take It out on the Kids. ... Don't Refuse to See a Therapist. ... Don't Wait Until After the Holidays. ... Don't Forget About Taxes.More items...•

How do I protect myself financially in a divorce?

How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•

What are the major causes of divorce?

According to various studies, the three most common causes of divorce are conflict, arguing, irretrievable breakdown in the relationship, lack of commitment, infidelity, and lack of physical intimacy. The least common reasons are lack of shared interests and incompatibility between partners.

What should I ask my divorce client?

Ten Questions to Ask Your Divorcing ClientsWhat assets do you own? ... What do you owe? ... Could your spouse be hiding assets? ... What is most important to you? ... What are you willing to give up? ... How do you expect your custody arrangement to be structured? ... How would you describe your financial situation?More items...•

Is divorce legal in the Philippines?

The Philippines is the only country, aside from the Vatican, that outlaws absolute divorce. The Catholic hierarchy grants canonical dissolution of marriage while all other Catholic countries recognize absolute divorce in varying degrees of liberality.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

What are 3 questions you should ask a lawyer before hiring?

Five Questions You Should Ask:Will you be the attorney personally handling my case?Will you take the case all the way to trial if necessary?What results have you obtained in the past for cases like mine?Can I call or email you directly with questions I have about my case?More items...

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

What is the first thing to do when separating?

Here's how to file for legal separation.Step 1: Confirm Your State's Residency Requirements. ... Step 2: Move to File for Separation Petition. ... Step 3: Move to File Legal Separation Agreement. ... Step 4: Serve Your Spouse the Separation Agreement. ... Step 5: Settle Unresolved Issues. ... Step 6: Sign and Notarize the Agreement.More items...•

How do you know you are ready for a divorce?

If your spouse is cheating on you, then divorce may be the only option. If your spouse is causing you to get into debt through gambling or spending through your savings on alcohol, bad investments, or excessive use of credit cards – that's one of the signs you are ready for a divorce.

How do I prepare to leave my marriage?

What are the steps to leave my husband/wife?1) Gather Documents & Keep Records. ... 2) Open a Separate Bank Account & Create Your Own Budget. ... 3) List Property & Other Assets. ... 4) Plan the Logistics of Your Exit. ... 5) Contact a Divorce Lawyer. ... 6) To Tell Your Spouse Or Not. ... 7) Tell Your Children. ... 8) Leave.More items...•

How do I prepare my husband for divorce?

Divorce ChecklistConsider Whether You Can Resolve Your Divorce Without Court. ... Consider Whether You Need to Hire a Lawyer. ... If You Have Minor Children, Prepare for the New Parenting Arrangement. ... Collect Marriage Documents. ... Compile Important Financial Documents. ... Gather Other Essential Documents. ... Take Steps to Separate Your Life.More items...

What happens if a divorce lawyer knows your spouse?

If your divorce lawyer knows your spouse, there could be a conflict of interest. Depending on their relationship, the divorce lawyer that you are questioning may not want to fight your spouse. If they just know OF your spouse, it’s probably not a big deal. If they are old colleagues, you may want to reconsider.

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.

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.

How devastating is divorce?

Divorce can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

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.

Who will serve divorce papers?

Most of the time, your divorce lawyer will serve the papers to your spouse for you.

What to ask a divorce lawyer?

What red flags did your story raise for them? 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.

How many lawyers should I hire for divorce?

You get to choose who helps you through it. That’s why I highly recommend interviewing at least 2-3 attorneys before selecting one. Don’t let anyone pressure you into working with them, either. This process is going to get harder before it gets easier, so it’s important that the lawyer by your side – the lawyer who is going to be learning a lot about the inner workings of your marriage, your finances, and more – is someone that you trust, respect, and actually like.

Why is it important to have an open mind when getting divorced?

Before you pull into the attorney’s parking lot, repeat this mantra: No two divorces are alike! No two divorces are alike! Having an open mind about the hard things— possible custody schedules, whether or not you need to sell the house, whether or not your family can continue to go on two weeks of vacation each summer— will help your prospective attorney come up with a strategy that meets your long term goals and makes sense for your unique circumstances.

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.

What does Christy do in a divorce?

For Christy, receiving this information allows her to give the most bang for a potential client’s buck in terms of an initial consultation. She can give a prospective client a pretty good idea of what will happen to each of those assets and liabilities in a divorce and help a potential client understand what their financial picture will look like post divorce.

How to cut down on lawyer fees?

You can cut down significantly on fees by forming a relationship with team members who bill at a lower hourly rate.

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.

How often do attorneys talk to their clients?

Some attorneys will talk to their clients on a weekly basis or more. Other attorneys will only talk to their clients when their clients contact them. Yet other attorneys religiously follow the one phone call a month to do an overview strategy session no matter how many times the client has talked to the attorney in the past 30 days. There isn’t a right answer, but it’s good to know in advance what the scope of communication will be.

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.

What is the greatest tragedy in divorce cases?

The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.

What is collaborative divorce?

What is a collaborative divorce and am I eligible for one? A collaborative divorce model is one that focuses on a win-win settlement agreement. You can consider it the opposite of going to court. Does the attorney you’re meeting with think that this is a reasonable possibility in your case? Why or why not?

What is a good deal in a case?

Even if your case does not step foot in a courtroom, it’s good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouse’s particular needs.

How to know if you're getting a reasonable deal?

This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.

Is it better to settle a divorce case or go to trial?

In your opinion, is it better for a case to settle or go to trial? For the vast majority of people, the best divorce cases are the ones that are settled by agreement. For a minority of cases, especially ones with domestic violence or other issues of impaired parenting, a beeline for trial is the best course of action.

What to ask a divorce lawyer for the first time?

When discussing with your divorce lawyer for the first time, it’s crucial to ask for testimonials from past clients.

What should an experienced divorce lawyer show you?

An experienced divorce lawyer should show you how much you can discuss with your spouse and examples of off-limit discussions.

What happens if an attorney has a high caseload?

If an attorney has a high caseload, it may put you in the backlog, leading to negligence and jeopardizing the divorce process.

What is a good divorce lawyer?

Good divorce lawyers are excellent communicators. They must be available to answer your questions at any time while reaching you for information if need be.

What happens if you don't hire a lawyer?

However, if you’re unable to hire a good lawyer, you’ll struggle to make a case, and the divorce may end up unfavorably.

What is collaborative divorce?

Collaborative divorce is mostly an out-of-court agreement to dissolve a marriage on peaceful terms.

Is a divorce attorney a service?

The divorce attorney is offering a service. Most service providers don’t get it right at the first attempt. While they get better over time, you don’t want to be a source of experience to the lawyer.

What is your experience as a family law attorney?

A reputable family law attorney should have experience when it comes to child custody and support, spousal maintenance, division of property and assets, and restraining orders. They should also be well versed in the laws concerning these matters and stay up to date on the latest changes in these laws.

How much will my divorce cost?

If you are curious, you can ask for an estimate on the total cost of the divorce, but keep in mind that this is not easy to answer. The total cost will depend on how the process plays out. There may be additional costs for things like private investigators, mediators, and expert witnesses and it will also cost more the longer the process takes. Uncontested divorces tend to cost less because the issues involved are sorted out quickly.

How will you handle my case?

Depending on the law firm involved, your case may be handled only by the attorney you hire, or by a legal team within the firm with the hired attorney acting as the lead attorney. In the latter scenario, the lead attorney will manage the case and delegate certain duties to others within the firm in ways that can benefit you. For example, a certain motion or response might be written up by a different attorney within the firm with more experience on the particular issue.

What is your strategy for my case?

Once the attorney understands the facts of your case and your goals, they should be able to come up with a strategy. A good family law attorney will work in your best interests, and especially in the best interests of your children.

How can I expect my property and assets to be split?

Illinois is an equitable distribution state in which property and assets are divided in a way that is deemed fair and reasonable. This means that many factors will be considered in the division of the property. You can ask the attorney how you can expect your property to be divided and how they plan to approach property division based on what they know about your assets, your spouse’s assets, and your shared assets.

How will we approach issues of child support and child custody?

Any matter involving children in a divorce including child support and child custody is a sensitive matter. The courts in Illinois believe that it is in the best interests of the children to be able to maintain a good relationship with both of their parents after the divorce.

Can you find a way to avoid going to trial?

Many divorce cases will end in a settlement without going to trial, but there are unfortunately some divorce cases that do go to trial. Going to trial will lengthen the divorce process and cost you more money. It is usually in everyone’s best interest to reach a settlement and avoid going to trial.