Law & Legal & Attorney Divorce & marriage Law

Questions for Divorce Lawyers

    • Questioning Your Divorce Lawyeryoung lawyer image by Alexey Stiop from Fotolia.com

      Going through a divorce can be difficult. If you have disputes with your spouse, have children or have a somewhat complicated financial situation, you may choose to use a lawyer for the divorce proceeding. When you decide to use a lawyer, your next step is to choose the right one for you. Once you have chosen a lawyer, you need to get the information from your lawyer that will enable you to make choices about the divorce itself. Here are some of the questions you should ask.

    How to Approach the Divorce

    • There is a growing movement throughout the country to cut down on conflict in divorces, so some divorce lawyers work cooperatively to resolve issues between the spouses. When this is possible, it cuts down on attorneys' fees and leaves more of the marital assets for the family. In some situations, like when one spouse is unreasonable or abusive, this may not be possible, and the other spouse may need a strong advocate. You need to ask prospective divorce lawyers how they handle divorce cases and how he or she would handle the situations you expect to come up in your divorce to make sure you and your lawyer agree on the approach.

    Attorney Experience

    • You also want to make sure that a prospective attorney has the necessary experience to handle your case. You will want to ask how long the attorney has been practicing; what percentage of that practice is in divorce; whether the attorney has had to take divorce cases to trial; the trial success rate; and whether the attorney has handled the issues in your case, such as unusual child custody situations or complicated property issues. Some bar associations certify specialists in family law. Of course, you also want to ask about the prospective attorney's fees and how those fees are charged. For example, you need to know if phone calls, letters, and e-mails from you or long discussions about your spouse will be charged to you at the hourly rate.

    Short-term Issues

    • Once you have selected your attorney, you should ask about how the attorney can help you while the divorce is pending. This includes issues of temporary arrangements for child custody, child support, spousal support, possession of the family home and pets, and possession of vehicles. These issues will be decided for the long-term in the divorce, but you need to ask your attorney to help you make immediate arrangements.

    Long-term Decisions

    • You need to make serious long-term decisions about child custody, support and the division of property. You should ask your attorney to carefully explain all your options to you. You need to know the different kinds of custody, how visitation works, which parent makes decisions and so on. You also need to know your support options. For example, some states allow you to choose a lump payment sum. There are also various ways to divide property. Make sure you ask your attorney to explain the ramifications of the different possibilities and that you understand all your choices.

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