what should you ask a divorce attorney

by Anika Boehm 5 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?

More items...

Full Answer

What are the best questions to ask a divorce lawyer?

The divorce attorney should tell you whether you have the kind of case that may require a forensic accountant's help. For alimony purposes, forensic accountants help divorce attorneys determine controllable cash flow available for support. Controllable cash flow is …

What you should know before contacting a 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 …

What qualities make a good divorce attorney?

You can ask your lawyer about how you can make the divorce more cost-efficient. The less the attorney gets involved with disputes between spouses, the lower the fee. You could talk to your spouse and see if you can settle for mediation or a collaborative divorce process .

What to look for in a good divorce attorney?

Oct 12, 2021 · You should ask detailed questions about rates. Ask for a projection of the scope of work involved in your case and what factors could affect the total cost of a representation. What strategy will get the best outcome?

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What to ask for during a divorce?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.Sep 14, 2017

How do you start a conversation with a divorce lawyer?

10 things to bring to your initial consultation with a divorce...Prepare your Schedule of Assets and Debts. ... Prepare your Income and Expense Declaration. ... Prepare a list of questions you want to ask the divorce lawyer. ... Tax Returns. ... Self-employment documents. ... List out the relevant facts about your case.More items...•Feb 5, 2017

What does a divorce lawyer do?

A divorce lawyer, or divorce attorney, is a legal professional who practices family law and ensures the protection of clients' rights during legal separations, divorces and custody cases. Divorce lawyers often work for family law firms and specialize in the legal filing, division of assets and aspects of child custody.May 20, 2021

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.

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.

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.

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.

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.

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.

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.

How to get money from a prenup consultation?

If you want to get your money’s worth from a consultation, make sure you bring all of the documents associated with your prenup. The same goes if you and your spouse have started working out a separation agreement (or other agreement related to your pending split) in writing.

How long did it take Elizabeth to get divorced?

Having this goal in mind helped keep things moving, and as a result, her divorce took 364 days between her initial filing and final judgment.

What should be on a second credit list?

On a second list you should put all of your credit accounts (including, but not limited to credit cards, student debt, personal loans, mortgage, car loan, etc.). That list should include the name of the debtor (s), the current balance on the debt, and the monthly payment.

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.

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.

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.

Why is it important to ask an attorney about a complaint?

One of the biggest complaints lawyers get is that their clients feel that they often don’t know what is happening with their case. That is why it is important that you find an attorney you will feel comfortable communicating with. Here are some of the most important questions to ask your attorney when you meet for the first time: 1.

What to do if you have a negative feeling about your spouse?

Even if you have negative feelings about your spouse, it is better to try to deal with those issues on your own instead of fighting them out. 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.

What is the discovery and disclosure phase?

You will have to go through a discovery and disclosure phase, where you have to find and turn in all your personal financial documents, such as tax returns and bank statements. You may also have to answer questions related to your personal life. Hopefully, you can work out an agreement and avoid court intervention.

What happens when you are amicable in a divorce?

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. During a contested divorce, some parties may try to hide their assets. Financial professionals may be needed to track down hidden assets.

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.

Can an attorney see you when you are not at your best?

Your attorney may end up seeing you when you’re not at your best, which is alright if you have a good attorney-client relationship. Experienced family law attorneys understand how difficult divorce is and will help you see past your immediate problems so you can envision yourself moving on and starting over again.

Can you keep an inheritance sole?

If you receive an inheritance, it is best to seek legal advice immediately. It is fairly simple to keep an inheritance sole and separate property but it is also fairly simple for an inheritance to become community property. 8.

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 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 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.

1. Experience

It is always important to determine if your potential attorney fills the profile that you are looking for.

2. Advice

Don’t be afraid to ask: “What is a piece of advice you give to every client?”

4. Working Together

You and your attorney will essentially become a team, therefore great communication and clarity of expectations are key to ensure a great outcome.

5. Costs

Finally, but not least important, every firm charges differently, and it might be helpful to understand how that works.

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