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Read on to have a better perspective of what you should ask a divorce attorney.
A divorce is a significant life transition, and the manner in which it is managed may have long-term repercussions for the rest of one’s life. It is prudent to obtain the counsel of a competent legal representative no matter whose side you support. If you have never been divorced before, the process may seem frightening and unpleasant. Because of this, you should do your homework before selecting a divorce attorney to ensure that you are receiving the best possible representation for your circumstances. If either you or your soon-to-be ex-spouse are serving in the military, for example, you should make sure that the divorce attorney you pick has prior expertise with cases involving military divorces. To put it another way, you need to choose a divorce lawyer who specialises in the aspects of your life that make it distinctively yours.
Make sure an attorney can manage your specific divorce case by having them answer the necessary questions you need to ask them.
How many instances involving divorce have you been a part of?
You don’t want to go with a divorce attorney who has never handled a case like yours before, just as you wouldn’t choose a surgeon who has never worked in their specialty before. It is stressful enough to go through the process of getting a divorce, and the last thing you will want to have to do on top of dealing with the emotional and logistical repercussions of the divorce is to have to check your lawyer’s work over their shoulder to make sure they are handling everything correctly. After all, you are the one paying the bills.
In what percentage of those situations were you successful in resolving them without having to go to court?
You should do your best to settle your divorce out of court if at all possible, both to minimise unnecessary drama and to speed up the resolution process. Finding yourself a professional divorce lawyer who has settled out of court a lot is a good indicator to search for, but it is important to remember that striking a compromise throughout the settlement process is practically the same as settling out of court.
Do you practise collaborative divorce?
A collaborative divorce, which is analogous to settling out of court, takes the mindset of “let’s fight!” out of the divorce process, making it possible for you and your spouse to achieve a fair arrangement in a manner that is not combative. During the difficult process of divorce, this method of problem-solving might help preserve the peace. It is possible that after a collaborative divorce you and your spouse may be able to maintain a nice relationship with one another.
Even while it could seem like the best option, you might end up having to take your divorce case all the way to court. Things could get out of hand if your spouse has a confrontational personality or is a bully, and for that reason, the courts might be able to hold him or her in check if things do go out of hand.
Do you know my spouse?
Regardless of how your attorney thinks about your partner, the fact that he or she is linked with your lawyer poses a potentially serious obstacle in the event that you get married. Because our own subjective experiences or past knowledge of another person have a tendency to interfere with our capacity to act without favouritism, you should avoid hiring anybody who has had any previous relationship to either of your partners.
Do you know the lawyer that represents my spouse?
It may matter to you less whether or not your lawyer is familiar with your spouse’s lawyer than whether or not your lawyer is familiar with you, but it is still something to take into account whether or not your lawyer is familiar with your spouse. If they were in the same class together during their first year of law school, you are free to go on with your lawyer. On the other hand, if they were roommates throughout their time in law school, you may want to think about hiring someone else.
Are you acquainted with the judges that preside over the local family court?
You undoubtedly spoke to a number of the professor’s previous students before enrolling in a college course. You may have inquired about the professor’s personality, grading system, and policies on tardiness, among other things. In a similar vein, when you choose an attorney, you should make certain that they are familiar with the reputations of your local courts as well as the general directions in which they prefer to decide cases. If the judge who has been assigned to your case has a history of being lenient with custody and you are hoping to get sole custody, you should make sure that your attorney is aware of this fact so that she can devise an effective strategy on your behalf.
Do you feel that it is preferable to mediate and discuss a dispute rather than take it to court?
When it comes to picking a divorce lawyer, having a shared vision of the future is the single most crucial factor to consider. A dispute between you and your lawyer, in which you want to mediate and negotiate but your lawyer is intent on going to trial, might have a negative influence on the outcome of your case.
Do you have any prior experience negotiating monetary settlements or financial support?
For instance, child or spousal support, large financial settlements, or the valuation of a business are all bound to come up in any divorce case involving children or businesses; therefore, you want to make sure that your attorney knows what they are doing. In addition, you want to make sure that your children are treated fairly during the divorce.
Who from your firm—either you or another attorney—will be responsible for representing me in this matter?
Because you choose a certain attorney to represent you because you feel that your values align with those of their practise, the last thing you want is for your case to be worked on by one of the other attorneys within the firm.
Make sure that the person you are considering hiring will be there for the whole of the project before you employ them.
When it comes to the management of my case, will there be any other people involved?
Make sure you have the chance to meet anybody who will be participating in your case for the same reason that you met with your primary attorney. This is especially important if your case is intricate and has to be looked after and worked on by numerous persons. It is really necessary that you get to know everyone who will be working on your case since, in a sense, your future is in their hands and they will be making decisions about it.
Are you reachable through phone or email?
Because divorces are not one-and-done types of situations, you will want to be able to communicate with your attorney by phone or email in the event that anything time-sensitive arises and you do not believe you can wait until your next planned session to discuss it with him or her. You should also find out whether or not you will be charged for this communication. This is another issue you should ask.
Do you have a significant number of cases to handle?
If your lawyer is working on a number of different cases at once, they may not be able to dedicate as much time and attention to yours as they need to. Because your divorce is of the utmost significance, you should take every precaution before signing any documents to ensure that your attorney will have sufficient time to give the matter the focus and consideration it requires.
Will copies of the papers that have been filed with the court be sent to me?
We have all heard the term “on the record,” which is essential in any legal conflicts since you may need to refer to a document or discussion for your case. We have all heard the phrase “on the record.” If you believe it will be significant to the outcome of the case, you should ensure that any correspondence with the attorney representing your spouse and any other papers relating to the case will be provided to you if and when you need them.
Will you make sure to keep me updated on anything that happens with my case?
When it comes to the processes of your divorce, you have the ability to choose the level of involvement that you choose. While there are many who would want to be told of each and every new development, there are others who would rather simply be informed of the most significant occurrences as they occur. If you fall into the first type, you should make sure that your attorney will be able to communicate with you and is ready to share information with you.
Will you take into consideration my viewpoint before formulating a strategy?
It is entirely up to you whether or not you want to be briefed on the strategy that your lawyer is using in your case, just as it is entirely up to you whether or not you want to be notified of any changes in your case. Before you fork up the retainer, you should only make sure that you and your attorney are on the same page about everything.
How do you feel about the alternatives to sole custody, such as joint custody or shared custody?
Some individuals aren’t quite sure how they feel about significant choices that will have a significant influence on their lives, such as whether they want joint or sole custody of their children; thus, having an expert weigh in may assist these people make a decision. After all, the attorneys have been in this position more often than you have, and as a result, they may be able to provide you with some helpful information on the components of custody agreements and the kind of arrangement that may be most beneficial for you and your children.
How much do you charge for a retainer?
Because your lawyer wants to ensure that you are able to pay for their services before they put in a significant amount of work into your case, they will usually provide this information without you having to ask for it specifically. In any case, let’s get this question out of the way at the beginning just in case.
What is the price that you charge each hour?
Before you sign anything, you should make sure you have a clear understanding of the financial implications, since most attorneys bill by the hour, just like most therapists and tutors. You may be able to pay the retainer fee easily, but you may not be able to pay the hourly rate, thus it is important that you ask for a breakdown of the overall cost.
Are the services of any other colleagues included in any costs that I may be required to pay?
It is possible that you will be charged for the time of other colleagues working on your case if your lead lawyer is not the only attorney working on it. Even though this happens rather often, being aware of what you’re paying for might help to alleviate some of your anxiety.
Will I be responsible for additional expenses if my case is heard in divorce court?
When it comes to going to court, every company has a distinct set of regulations in place. If your case does end up being heard in court, it is not unusual for additional expenses to be added on.
Will there be a contract laying out the terms of the price agreement that I sign?
Although everyone has their own opinions about the subject of signing a fee arrangement contract, the majority of us are of the opinion that it is a good idea. If you hired a decent lawyer, it’s probable that he or she wouldn’t attempt to milk you for every last dollar you have. However, it’s always a good idea to keep track of every single dollar you spend, just in case anything goes wrong. When you pay up a retainer and sign a contract with your lawyer, a fee arrangement ensures that he or she will not begin charging you for extra services until after the first agreement has been fulfilled.
Will my bills be itemised and forwarded to me?
Itemized invoices, which are comparable to checks at a restaurant, detail precisely what it is that you are paying for. It is entirely up to you to decide whether or not you want to purchase one of them.
Will I get updates on the utilisation of the retainer fee as well as notifications when it has been depleted?
Before you choose a lawyer, this is something that you should absolutely bring up in conversation with them. While some lawyers consider a retainer to be similar to a deposit, others may want you to pay a further fee if you use up the one you initially paid before the case is resolved. Some individuals don’t care about this, but if it is something that is important to you, bring it up as soon as possible.
Are you willing to file a motion with the court requesting that my husband pay for my legal fees?
If you are going to be financially reliant on your soon-to-be-ex-spouse, you may want to think about hiring a lawyer who will petition the court for your spouse to pay for their services so that you do not have to pay for them out of your own pocket. This, in essence, implies that you will have a fair trial or a divorce via joint efforts.
What kind of fees do you assess for communicating in writing or over the phone with my spouse’s attorney or with me?
The billing of legal services on an hourly basis is standard practise among legal professionals since you are paying for their time, and some days may be more busier than others. It is important to be aware of whether or not you will be responsible for paying for anything that your lawyer spends time working on.
Will there be other expenses involved?
Hidden charges are the absolute worst, so be sure to ask your lawyer about every conceivable price you may pay, including court filing fees and process server fees. Also make sure to ask your lawyer about any other costs that may be associated with your case. Although these charges are included into the overall fees charged by some attorneys, others require that you pay for them in a separate transaction.