10 Questions to Ask a Divorce Attorney

Top 10 questions to ask a divorce lawyer

When you meet with a divorce lawyer for your first consultation, start by asking these questions to see if they're a good fit for your situation.

1. What is your experience with divorce cases?

When seeking legal counsel for a divorce, you want to ensure you get someone who knows what they’re doing. Not just any lawyer will suffice. A criminal attorney, for example, would not be your first choice, no matter how long you’ve known that person. No, you’ll want someone who specializes in divorces. You’ll want to hire a divorce lawyer with solid knowledge and experience in divorce law in your state. Ask how many years they’ve been practicing and if they have any certifications or awards.

2. What are the main legal issues or complexities you see in my case?

Of course, you will want an attorney who has your best interest in mind and will help you feel confident in the divorce settlement. Spousal support, custody, visitation, child support, life and health insurance, and real and personal property are all topics to discuss.

3. What is your approach regarding divorce litigation versus mediation?

Mediation is an opportunity to resolve issues with a neutral third party, which is typically less costly and faster than litigation. Ask your lawyer to explain which approach makes the most sense for your situation and how they can help either way.

4. Can you explain the divorce process in this state and how long it typically takes?

Divorce laws vary by state, affecting everything from filing fees to whether or not you need a cooling-off period before you can separate. One example is California, which has one of the longest cooling-off period: six months. Some states, such as New Jersey, don't have any.

Your attorney should explain the specific requirements and timeline for your jurisdiction, as this could even affect when you need their services.

5. How do you charge for your services, and should I expect any additional costs based on my situation?

Law firm fees for handling divorce matters vary, though an initial consultation is usually free. Ask about their fee structure, billing process, and payment methods—and whether there are aspects of the divorce you can manage yourself to save money.

Common fee structures include flat fees and hourly rates.

• Flat fees: A set amount for the entire case, often more affordable for straightforward divorces
• Hourly rates: Typically $200 to $300 per hour, usually requiring a retainer fee upfront

The average cost of a divorce is around $8,000–$11,000. Costs vary based on case complexity, location, and whether issues like alimony or child custody are involved.

Keep in mind that other professionals may help your case (such as accountants or healthcare professionals), which can add to the total cost.

6. What can I expect in terms of communication from your firm?

Waiting for developments is part of the divorce process. Not hearing from your lawyer can cause frustration that can be avoided. For example, your lawyer may be in court and not available to take phone calls or talk, or you may have more than one lawyer working on your case. Ask about getting timely answers about updates and whether a paralegal or legal assistant can take phone calls and communicate with you, too.

7. What are the best- and worst-case scenario outcomes of my divorce case?

The divorce process is often a complex one, and you may not even have all the facts at the beginning of it. A reputable lawyer will present a scope of possible realistic outcomes, from worst to best.

8. Are there any specific actions I can take or avoid that would benefit my case?

A lot of paperwork goes into a divorce case, so ask your lawyer exactly what documents they need. For example, you may need to provide:

• Financial records (e.g., bank statements, tax returns, or pay stubs)
• Proof of asset ownership
• Evidence of fault that contributed to the marriage's breakdown, such as domestic violence or addiction issues (if applicable)

You should also ask how far back records should go and what personal information is required.

9. What strategies do you use to resolve conflicts during the divorce process, particularly if the other party is uncooperative?

It’s important to ask how the negotiation process will play out. This will help you understand what goes into the process, how long it takes, and what types of responses to anticipate from your spouse's attorney. You’ll want to hire a lawyer who has experience in negotiations so they can tell you what to expect.

10. Can you provide references from past clients who had cases similar to mine?

Don’t be afraid to ask for references. It can be helpful to speak with someone who’s gone through the divorce process with a particular law firm or attorney. Speaking with former clients will give you an idea of how they conduct their cases and how well you'll work with them.

Divorce attorney's key responsibilities

• Client consultation: A divorce or family law attorney should meet with clients to understand their situation, objectives, and concerns. They would provide legal advice on issues related to children, finances, and property.
• Legal guidance and strategy: Your attorney should advise you on your legal rights and obligations and develop a legal strategy that aligns with your goals within the realities of the law.
• Financial analysis: Your attorney should have a professional financial expert conduct a thorough analysis of the financial aspects of your marriage, including asset valuation and division. You’ll work with your attorney’s financial experts when necessary to assess complex assets or financial situations.
• Document preparation: Your attorney will prepare and file all necessary legal documents, such as petitions for divorce, child custody, and property arrangements, as well as draft and review settlement proposals and agreements.
• Negotiation: Your attorney will negotiate terms with the opposing party or their counsel to reach a fair settlement on issues such as spousal support, child support, child custody, and division of assets.
• Representation in court: Responsibilities will include pre-trial hearings, mediation sessions, trials, and final decree enforcement. Presenting evidence and arguments to the court to support your position.
• Communication and dispute mitigation: Your lawyer should keep you informed about the progress of the case, including potential changes in the law that might affect the outcome. Communicate with opposing counsel and third parties to gather information, mitigate conflict, and facilitate agreements.
• Protection of client interests: Ensure that all court orders are followed and protect the client’s legal rights throughout the process. Addressing any post-judgment issues, such as modifications of support or legal custody arrangements.

How to find a divorce attorney

Most importantly, you want to find a divorce or family law attorney who makes you feel comfortable and confident in their abilities. There are three great methods to find them:

Ask for recommendations

Friends and family are the best place to start. You can also review lawyer directories and professional networks that specialize in sharing information on attorneys in your area.

Look for attorneys near you

Search Google for local law firms specializing in divorce in your area. This also helps you verify their location, as you want to work with someone who's familiar with your local and state laws.

Search online for an attorney

Divorce.com is one of the easiest ways to find a good divorce, family, law firm, or attorney through a directory.

Getting a divorce lawyer who has your best interests at heart is of the utmost importance. Everything starts with asking the right questions—of the attorney and of yourself—so you can make the right choices for you and your family. Consider your situation financially and emotionally, and review all your options with your attorney before making a final decision.

FAQs

How long does a divorce take?

There's no set divorce timeline—it depends on your situation, state laws, and case complexity. That said, simple uncontested divorces may take a few months to resolve, while contested cases can take a year or more.

Why does it seem like the divorce lawyer working on my case is not updating me as quickly as I'd like?

Waiting to hear about progress in your divorce process is often a frustrating part of the negotiation process. Your lawyer's time involves attending court, talking to opposing lawyers, contacting third parties, and more. Talk to your lawyer at your first consultation about what to expect in terms of communication. If there's an issue, let your divorce lawyer know.

How much do divorce attorneys cost?

The cost of your divorce will depend on a variety of factors, from where you live to what you will need to prove your case. Lawyers can charge a flat fee, bill per hour, or require retainer fees. You can expect to pay an attorney $200 to $300 per hour, with average total divorce costs ranging from $8,000 to $11,000 or more.

Free or reduced legal aid may be available. Visit the U.S. government's site on legal aid to help in your personal divorce case.

Do I need a family law attorney or a divorce attorney?

Before you even ask about how much experience your attorney has, ask what type of law they practice. Family law or divorce law? There's a difference.

Divorce law refers specifically to the legal process of dissolving a marriage. Family law cases are broader and cover many related issues. Family law attorneys handle family law cases that go beyond divorce, including physical custody of children, child support, and disputes between unmarried couples who cohabitate. Divorce attorneys are a subset of family law attorneys who specialize in divorce cases.

There’s also something called collaborative divorce law, which is available in many states. Collaborative divorce differs from traditional divorce in that it allows you, your spouse, and your legal counsel to sign agreements so that you won’t go to court. In fact, should you decide to take the matter to trial, attorneys on both sides must agree to withdraw their representation.