What To Ask Your Divorce Attorney

Choosing the right attorney when you’re going through a divorce is one of the most important decisions you’ll make during the process. It’s certainly worth taking the time to find the right one.

You may want to visit several lawyers before deciding which one to hire. But how do you decide? Here are some questions to ask each attorney that can help you make your final choice.

What’s your experience?

It’s important to understand what kind of experience the lawyer has with divorces and whether they’ve handled cases like your own. Ask for details about specific divorces they’ve handled like yours without breaching client confidence. And it’s helpful to find out about his or her’s educational background – specifically college and law school.

How will I be charged?

Ask how you will be charged – is it hourly? Also, ask whether or not you’ll be charged for spending time with other lawyers, paralegals, and secretaries. At what rate? Are there other fees, costs, and expenses?

Will anyone else help with my case?

There may be others in the attorney’s office who also will work on your case. Ask if you can meet them.

Do you advocate mediation?

In mediation, you and your spouse meet with a neutral third party – a mediator – to resolve issues as amicably and in the most cost-effective way possible. Ask your lawyer if he or she is an advocate of mediation and if so, what mediators they recommend. Ask them if they (the attorney) will need to be there during the entire mediation process or will they serve as more of a consultant on an as-needed basis.

What’s your estimated total cost?

Some attorneys may resist answering this question because how long your case takes depends on its level of conflict. An honest attorney will probably answer that it’s difficult to estimate the costs of the divorce in advance. One who gives you an unrealistic low estimate may just be trying to get your business. You should also ask if there are ways you can keep the cost of your divorce down.

Will there be other costs?

There may be other costs involved with the case, such as for physicians, private investigators, forensic accountants, psychologists, etc. How will you be charged for them?

Do you specialize in divorces?

For many attorneys, divorces are just part of their practice. Ask whether your attorney specializes in divorces or not, and how long they have been doing divorce work.

What other services will I need?

Will there be other services connected with your divorce that you’ll need, such as deeds, trusts, an update will, bills of sale, etc.?

What do you see as the outcome?

Ask your lawyer, based on the information he or she has about your case, how they think a judge would rule on it. Are there facts that might make the ruling more in your favor?

How long will my case take?

Based on the available facts and his or her strategy, can your lawyer estimate how long it will take to resolve your case?

Do you have malpractice insurance?

Not all lawyers carry malpractice insurance, meaning if you got a judgment against them for poor work you might not be able to collect any money on the judgment.

Tips for Choosing the Best Divorce Lawyer for You

Going through a divorce is rarely easy. In fact, sometimes it can be downright messy. Because there’s a chance that emotions are running high, you’ll want to work with a divorce lawyer that you can trust and that can look out for your best interests. You don’t need a lawyer that can lend you an ear (that’s what professional therapists are for), but you do want a lawyer that can help you focus on what’s important and help guide you through the divorce process.

Of course, some lawyers are better at this than others. The following are a few tips to keep in mind to help you choose the divorce lawyer that’s right for you:

1. Look into the lawyer’s reputation

It’s not too difficult to get an idea of a divorce lawyer’s reputation by simply doing a search online. Unless the attorney you’re looking into has only just started practicing law, there should be some reviews posted by their clients. Websites like Avvo.com are built specifically for finding lawyers and contain lots of client reviews. You can also simply go on to a site like Yelp.com to look for local lawyer reviews.

When you do look at online reviews, make sure to look at both good and bad reviews. Every business tends to have one or two negative reviews even if they are a generally reputable company – the same holds true for lawyers.

You should also check your state bar association. The state bar association keeps public records about any complaints that were filed against lawyers working in the state and of any disciplinary actions that were taken against them.

2. Ask for referrals

A good way to get the name of a reputable divorce attorney is by asking friends, family members or coworkers that you know have gone through the divorce process if they can recommend anyone to you.

3. Ask about their specific experience

First of all, you’ll want to work with a lawyer that deals specifically in divorce cases. Someone that’s more of a tax lawyer isn’t going to do you much good. Find out how many matrimonial cases they’ve handled and how many of those cases ended up going to trial. Divorce lawyers that go to trial often may not be the best negotiators.

Find out how many of their cases involved business valuations, support, custody, large financial settlements and more. While an inexperienced lawyer that’s focusing on divorce law may end up being very good at their job, you should look for someone with some experience behind them – you don’t want to take any risks when it comes to your divorce.

4. Compare the different fees

Make sure they are up front about their billing rates. Some lawyers will charge a retainer as well, which is an upfront sum of money. Find out if their trial fees are different than their hourly rate. Make sure that the billing arrangements are set out in writing.

5. Keep an eye out for red flags

When interviewing a divorce lawyer, keep your eye out for certain red flags. You won’t want to trust a lawyer that speaks about their clients’ cases (they should be confidential) when trying to convince you to hire them. It’s not a good sign if they are distracted by calls or emails during your interview either. Additionally, be wary of lawyers who are disrespectful of the other divorce attorneys you may be interviewing.

Hiring a good divorce attorney is extremely important if you want the process to go smoothly and in your favor. Use these tips to help choose the right divorce lawyer.

How NOT to Handle Your Divorce

Divorce is never easy for any reason. No matter how much two people may want to separate themselves legally from one another, there is a right way, and many wrong ways, to do it. If you’ve been contemplating divorce, there’s no shame in proceeding. Before you start down that path, however, bear in mind these examples of how not to handle your impending divorce.

Don’t Go It Alone

Many times, when a couple is in agreement that the marriage should come to an end, they look for a quick resolution and don’t want to get lawyers or the courts. That seems like an easy solution on its face. Nothing could be further from the truth, however. Any mistake during the process could result not in a quick end, but protracted legal proceedings.

Make The Right Choice

Another symptom of just trying to get past the divorce is being hasty in the attorney selection process. Taking your time to find the right representation for you is critical. If your criteria are that they offer a free consultation, or that a friend used them for their divorce, you might not end up getting exactly what you want or need. If there are mitigating circumstances to the divorce, like domestic violence or minor children, you’ll want someone who has worked with those factors in the past.

Divorce Can Be Paralyzing

When decision has been made, it can set off an avalanche of stressful situations. The most important thing is to be proactive, and meet each of the challenges head-on. Friendships lost, families being fractured and loss of time with your children are just a few of the stressors that can affect those dealing with divorce. Simply ignoring the issues is not the proper way to deal with them.

Get It In Writing

Especially when a divorce begins amicably, there are a number of informal, verbal agreements. Seeking to keep the courts out of your divorce may seem admirable, but verbal agreements often lack the details and contingencies necessary. Certain verbal agreements could actually cause legal issues down the road as well, with things like child custody.

Keep Emotions In Check

Depending on the divorce, there may be very charged emotions surrounding the dissolution of your marriage. Using the legal process to get closure is no means to an end, however. Though both can be expensive, some time with a good therapist is typically healthier than filing another court motion fueled by emotion. It’s also usually cheaper.

Take Inventory

When people are ready to move on from a marriage that is ending, they sometimes make the mistake of trying to move on to quickly, seeking to leave their old life in the past. Taking time to take stock of your life to that point, and realizing where things went wrong can be huge dividends for your future self, however.

Have A Plan

Know going in to the proceedings what your goals are. While it is important to heed the advice of your legal counsel, it’s also important that your voice is heard. The decisions you make during your divorce are ones you will need to live with for the rest of your life.

Consider The Needs Of All

When choosing to go their separate ways, some couples put blinders on and only consider what they need. Look outside yourself, however, and consider what it will take for everyone to leave in the best condition possible. Especially consider what is best for the kids.

No divorce is ever easy, but taking the time to make the right choices can lead to a successful result.