What To Ask a Divorce Lawyer

When you are considering divorce, you need to think about many details. Choosing the right lawyer can help you navigate the divorce process successfully. You should know what to ask a divorce lawyer when you are looking into hiring one. Reach out to our team to learn more about dissolving your marriage with the support of a compassionate attorney.

What Forms of Divorce Do You Handle?

Regardless of what state you live in, there are various forms of divorce available. All states offer a form of uncontested divorce, where spouses reach a marital settlement before they file for divorce. Divorcing this way is less stressful and can save time and money, but you still want a lawyer to review your agreements and ensure you have met all legal requirements. Not all attorneys accept these limited engagements, so if you anticipate an uncontested divorce, find out whether the attorney you are interviewing is interested in working with you.

Some couples are interested in mediated divorce, collaborative divorce, or other non-adversarial methods of dissolving the marriage. Find out whether the attorney has experience with the method you are considering and whether they believe it might work well for you.

Many lawyers handle contested divorces, where the couple files for divorce before they have reached a settlement. Some attorneys like the back and forth and enjoy vigorous negotiations, some take a more conciliatory but firm position, and others thrive on conflict and love trial work. Be realistic about how your divorce is likely to play out, and look for an attorney with the appropriate style.

What Are My Property Rights in Divorce?

Couples must divide their marital property when they divorce. It is critical to have reasonable expectations before you file so you can make a realistic financial plan for your life as a single person.

Find out about your state’s laws governing property division. If you have a prenuptial agreement or other marital contract that deals with property, find out if a court is likely to enforce it.

How Do the Courts Handle Alimony?

Paying or receiving alimony can make a huge difference in your monthly budget. Find out the rules on alimony in your jurisdiction. Spouses are not always entitled to ongoing support, and the court often has discretion about whether to award it. Getting as much information as possible before you file for divorce can help you form a realistic plan.

What Are My Custody Rights?

Divorcing parents are often concerned about maintaining relationships with their children after a divorce. Finding out as much as possible about how the court handles custody decisions can help parents decide how they want to pursue co-parenting and custody issues.

Most states require parents to file a parenting plan when they divorce, and it is always beneficial for the parents to work together to create a plan. Even when a divorce is bitter or conflicting, the whole family benefits when parents develop a plan together rather than forcing a judge to impose one.

If your partner has children, you should frankly discuss your visitation rights with the attorney. In many states, people who are not biological or adoptive parents have limited or no rights to parenting time after a divorce. If you may have difficulty securing parenting time, a capable attorney might have suggestions for preserving your relationship with your stepchild or your spouse’s child.

How Long Will It Take for My Divorce To Be Final?

Once a couple has decided to divorce, most people want it to be final as quickly as possible. However, some states impose delays. Often, states require you to be separated for a minimum period before your divorce—these states often make exceptions for divorces based on cruelty and other fault-based grounds. Other states have no minimum separation period but require a waiting period before a divorce is final or effective. Court procedures can have a significant impact on the time it takes to divorce.

Talk to the lawyer about how long divorce takes in your jurisdiction, and what steps you can take to speed the process. Having a realistic timeframe in your mind can make the process easier and less stressful.

How Much Will It Cost?

Legal fees for divorce can be substantial. Find out how much the attorney charges per hour and whether they offer a flat rate. It is also critical to know how frequently the firm bills and what incidental costs you will be responsible for.

In some jurisdictions, a spouse can be ordered to pay the other spouse’s attorney’s fees. Find out if this is customary or possible in the jurisdiction where you plan to divorce.

Filing fees in some jurisdictions can be significant, so it is wise to learn what fees you may have to pay the court for your divorce.

When you are seeking a divorce, reach out to our attorneys to get the legal support you need during the proceedings.