Interviewing Family Law Attorneys
What is your experience handling divorce cases similar to mine?
Ensure the attorney has relevant experience in cases like yours, especially if there are unique circumstances (e.g., child custody challenges, mental health issues, high net worth, estate planning complexities or business ownership). You may want to know whether they solely practice family law or if their practice is divided. Many attorneys specialize solely in family law.
What is your approach or strategy in handling divorce cases?
Find out if their strategy is more collaborative or litigation-focused – or somewhere in between. This will help you determine if their style aligns with your goals (e.g., amicable resolution vs. court litigation).
Have you worked with my spouse’s lawyer before, and what was your experience like?
If your spouse has already hired legal representation, knowing whether your attorney has worked with their lawyer in the past can be valuable. This question provides insight into their professional relationship and how it might impact your case. A history of collaboration could indicate smoother negotiations or strategic familiarity. Understanding any prior interactions can help you gauge potential dynamics that could influence the course and outcomes of your divorce proceedings.
What do you see as the realistic potential outcomes for my case?
Ask about possible outcomes based on the specifics of your situation, including best- and worst-case scenarios. Be prepared to share with the attorney personal information such as income, property owned, debts, businesses, etc.
What will be the estimated timeline for my divorce process?
This will give you an idea of how long it might take to finalize your divorce and help you prepare emotionally and financially. Keep in mind, this varies greatly between jurisdictions and will be difficult to predict. But an experienced attorney should be able to give you an estimated range of when you could reach settlement or expect a trial date.
What are your fees and billing practices?
Understand the cost structure, including retainer fees (an upfront payment made to secure the attorney’s services and cover initial costs), hourly rates, and any additional charges for administrative work or court appearances.
What is your communication style, and how often will I be updated?
Clarify how you will receive updates about your case (e.g., emails, phone calls) and how often you can expect to hear from them.
Are there things I should do now to prepare to go through the divorce process?
Understand the steps you can take to prepare for Divorce and stay organized as you are going through the process. Proactively understanding these steps from your lawyer will be valuable as you move forward with the process.
What are my rights and obligations during the divorce?
Ask about your rights related to payment of expenses during the process. Learn about what to expect in the areas of property division and financial support to understand what to plan for both during the process and after the process concludes.
What can I expect with respect to maintenance/alimony/spousal support? How is income calculated? (For non W-2 employees)
Familiarize yourself how spousal support or alimony will be determined in your particular case.
How will child custody and child financial support be handled?
If children are involved, ask about custody arrangements, child support calculations, sharing of child related expenses – such as extracurricular activities and secondary education costs – and how courts generally determine what is in the child’s best interest.
Are there alternative dispute resolution options available, such as mediation?
Understanding if mediation (a process where a neutral third party helps both spouses reach a mutually acceptable agreement) or collaborative divorce (a method where both parties and their attorneys work together to negotiate a settlement without going to court) is an option can help you decide on a path that might be less adversarial and less costly than litigation in court.
What experts might we consider involving to reach a point of negotiation and what should I know about the related costs and who covers them?
Understanding if it may be beneficial to involve experts to provide clarity on specific matters, such as financial valuations, child custody evaluations, or property appraisals is insightful. It’s helpful to discuss with your attorney which experts, if any, might be considered to strengthen your position or facilitate negotiations. Understanding these options can help you make informed decisions, even if expert involvement is not required.
Additionally, having a conversation about potential costs for experts and how those fees are typically managed will prepare you for any financial considerations. These expenses can sometimes be shared between spouses, so knowing what to expect helps create a clearer financial picture as you move forward.
In Summary
If you’re considering hiring a family law attorney for your divorce, conducting interviews is a critical step in navigating the complexities of the process. Asking thorough, targeted questions helps you gain a clearer understanding of the legal landscape, evaluate potential outcomes, and choose an attorney who aligns with your needs and goals. These discussions will equip you emotionally, financially, and logistically, giving you the confidence and clarity needed to move forward. Keep in mind that a strong attorney-client relationship built on open communication and transparency can make a significant difference in achieving a fair and manageable divorce outcome.