How Do You Pick a Divorce Attorney?

WHEN DO YOU NEED TO CONSIDER A DIVORCE ATTORNEY? 

1.  When you have property that needs to be divided, from a home to 401Ks to any other investments.

2.  When you have children as a result of the union and may need child support.

3.  When you have been married a long time and may need financial support in the form of alimony. Hiring a divorce attorney? Make certain you talk with several attorneys before making your decision.


WHAT QUESTIONS SHOULD YOU ASK?

1.  Ask about their legal education and their area of expertise. You want someone who is familiar with your state’s family law and certified in that area.  Certified family law attorneys specialize in handling divorce cases, which is what you want. Don’t forget to ask how much of their practice is focused in this area and if they’ve dealt with all aspects of it – from child support to alimony.

2. If you have a prenuptial agreement, ask about it. If you signed a prenuptial agreement, this is the time to mention it and ask some questions of the attorney and his or her background dealing with such agreements. Have they represented either party? Both parties? How often? And what was the outcome?

3. Ask about the amount of experience they have in a court room. If you’re hiring a divorce attorney, how many divorces have they been involved in over what period of time? If this is only their 10th case in a year, you may want to consider someone else.  If you’re facing a contentious divorce, having someone with courtroom experience is a must.

4. Ask about their knowledge of the court system in your community. If they just passed the state bar or just moved to your county and do not know the judges well, you may want someone more familiar with your state laws and local courts and the people who work in the family law division.

5. Consider whether you think you can work with them. Ask about the attorney’s style and motivation. If they like mediation and tell you they’ve settled 75 percent of their cases and you want to fight your soon-to-be ex on some issue, this may not be the person for you to hire. Also consider whether you feel comfortable with this person and think you can communicate with them over time. If you don’t, consider hiring someone else.

6. Ask how much they charge an hour. Some attorneys will talk with you during your first visit for free. Some will charge you. Either way, you’ll want to know how much their retainer is, how much they’re charging you an hour and how much they estimate your divorce may cost over time. If there are going to be other expenses, for documents et al, know those fees as well. And if other people will be helping with the case, paralegals et al, what do they charge. Ask whether you can pay by check or by credit, just in case.  Finally, while this is an emotional time for you, remember that you are being charged by the minute – for legal advice.

7. Ask if they can provide a list of former clients to talk with. This can really help you make up your mind about whether you think you can work with this attorney over time. How well they worked with other clients is essential in your decision-making process.

8. Ask what they think of your case. If you’ve provided an outline of the issues surrounding your divorce, don’t hesitate to ask what they think of your chances for everything from custody to child support and the length of time it may take to get to that.

9. Ask if they will provide a written agreement of their services. Written agreements are, traditionally, more acceptable than an oral arrangement for services. If it’s in writing, it’s unlikely to be changed. Get a copy of the contract and read it. Ask questions about the contract before you sign it. Make certain you understand it completely.