Key Questions to Ask Before Hiring a Divorce Attorney: Your Pre-Selection Checklist

Choosing the right divorce attorney is one of the most critical steps in navigating your divorce. While recommendations from friends can be helpful, every case is unique, and what worked for them may not work for you. To ensure you find the best legal representation for your situation, ask potential attorneys key questions about their experience, fees, and approach to divorce cases.

Step 1: Initial Consultation

A worthwhile divorce attorney will offer a no-cost consultation. If they charge for the first visit, it’s a red flag. Use this meeting as an opportunity to evaluate their approach, expertise, and compatibility with your needs. It’s wise to consult with several attorneys before making your decision. Compare costs, but prioritize your comfort level with each attorney, as you’ll share deeply personal, financial, and social details throughout the divorce process.

Remember that a lawyer won’t be able to give you conclusive answers based only on the information you provide at the initial consultation. Your divorce attorney must review financial and other papers and information to counsel you properly.

Step 2: Essential Questions to Ask

When consulting with potential attorneys to hire, consider asking these questions:

Experience

• How long have you been practicing law? Do you specialize in family law?

• Which states are you licensed to practice in? How will the laws of this state affect my divorce?

• Have you handled child custody cases?

• What percentage of your cases settle versus going to trial?

Fees

• How do you charge? Is it a fixed fee or an hourly rate?

• What is your hourly rate? Do you bill in increments (e.g., 15 minutes)?

• Do I pay an initial retainer, and how is it applied?

• What happens if the retainer is exhausted and my divorce is not yet final?

• What additional costs should I expect (e.g., court filing fees, photocopying, delivery)?

• Are my spouse and I each liable to pay our own fees for the divorce?

Staffing

• Can my spouse and I use the same lawyer or firm?

• If my spouse doesn’t have a lawyer, how will that affect the process?

• Will you handle my entire case, or will other professionals be involved? What are their rates? Do you supervise their work?

• If my case goes to trial, will you be my trial attorney?

• Do you recommend hiring a Certified Divorce Financial Analyst or another expert?

Process and Timing

• Do you recommend settling or litigating? Why?

• What are the next steps if my spouse has already filed for divorce? What if I am a victim of domestic violence?

• How does the process differ if we have a prenuptial agreement or if we agree on asset division?

• Do you recommend mediation or collaborative divorce? What are the costs and timelines?

Documents

• Which financial documents do I need to provide?

• Which other paperwork do I need to provide?

• Which papers do you need to subpoena from my spouse? What happens if my spouse won’t provide them?

Debts & Assets

• Who will get to keep our home?

• How do state laws determine asset division? Is it always 50/50?

• Can I deposit money in a secret account? What if my spouse hides cash?

• What is a Qualified Domestic Relations Order (QDRO), and how does it apply to my situation?

• Can I spend any money that is in our joint accounts? What if my spouse goes on a spending spree?

• Can I run up the joint credit card bills for my personal expenses? What if my spouse does?

• What if I received an inheritance from my parents — do I have to share that with my ex-spouse?

• Can I qualify for Social Security spousal benefits?

• What happens if one of us runs a small business?

• How should I adjust my estate plan?

Alimony

• Am I eligible for alimony? Do I have to pay alimony?

• How is the alimony amount determined, and can it change later?

• Is alimony taxable or a tax deduction?

Children

• How will custody of our minor children be determined? Will one of us likely get sole custody, or will we share joint custody?

• What are the possibilities for visitation rights?

• Will my spouse or I have to pay child support to the other? How is the amount of child support determined? Can it change later?

• While the divorce is pending, will my spouse or I be allowed to travel with the children out of town? Out of state? Internationally?

Step 3: Make Your Decision

After consulting with several attorneys and asking these questions, compare their responses and costs. Ultimately, choose the attorney you feel most comfortable with, even if they’re not the cheapest option. Remember, you’ll share personal and financial details with them throughout the divorce process.

Conclusion

Choosing the right divorce attorney is crucial for navigating the complexities of divorce. By asking the right questions relevant to your situation, and understanding their approach, you can ensure you’re well-represented and prepared for the process ahead. Don’t forget to start preparing for divorce as you seek out consultation meetings with divorce attorneys, and be ready to take notes at each meeting, as it can be a lot of information to digest.

Once you’ve chosen an attorney, keep asking questions. Your attorney might bill you for every phone call and meeting, but it’s critical that you understand your choices, the process, and the potential outcomes of this life-changing event.

Disclaimer: The information provided is for informational purposes only and does not constitute financial or legal advice. Finivi Inc. makes no representations regarding the accuracy or completeness of linked third-party content and assumes no responsibility for any outcomes resulting from its use. External links do not imply endorsement. Please consult a professional before making financial decisions.