10 Questions to Ask your Divorce Lawyer
by kalyani10
There is no way you can go around the emotional trauma or even the practical problems of a failed marriage. And yet getting the right divorce lawyer can make the process somewhat easier. At the same time though you need to be aware of the proceedings yourself rather than hand over a carte blanche to your attorney. For a start, here are ten most important questions you should make it a point to ask your divorce lawyer.
- How experienced are you in this field?
All attorneys will show you a law degree. But this doesn’t mean that everyone with a law degree is equally good at dealing with all kinds of cases. Divorce is a subject under family law and in order to best protect your interests, you need a lawyer who is experienced in this area instead of being a generalist. So if you are entirely within your rights to ask your lawyer if they are specialized in divorce cases and if they have handled cases like yours before.
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- How will you charge me?
A lion’s share of total divorce costs usually end up as lawyer’s fees. The hourly rate of a divorce lawyer in United States may range from $150 to $400, depending on his/her experience, the degree of complexity in the case as well as the location. Usually the more experienced and successful a lawyer, the higher will his/her fees be. Divorce lawyers usually charge a retainer fee and an hourly rate, with fifteen minute increments even though some may also settle for a flat fee over the entire divorce process. So before you hire a divorce lawyer, go over all payment details with him/her like the hourly rate, payment plans if any, payment options like credit card or check. Also enquire about how often you will be billed and if you will be charged for time spent with paralegals and other staff in the office, and if so, at what rate.
- What are the various steps in the divorce process?
The main reason why you are hiring a lawyer is because you are not familiar with the legal process yourself. Thus the foremost job of your lawyer is to educate you and guide you through the entire process of the divorce and protect your interests. So request your lawyer to clearly explain the various steps involved, right from filing the petition to negotiating temporary orders and then the trial process.
- How will you communicate with me?
These days there are various methods of communicating apart from the earlier one of postal mail. Your lawyer can get in touch with your through phone or email or use fax for documentation. Also ask your lawyer how long you should expect to wait for a return call in case you do not get him/her the first time or how long before he/she replies to your emails. It is also a good idea to examine if your lawyer tech savvy enough to email you draft documents as PDF files or if his/her office has scanning facilities so that they can automatically send you a copy of important documents. These issues are particularly important if you live out of the state where the divorce is being filed, or a distance from your lawyer’s office since you cannot personally drop in at your lawyer’s office every other day.
- How long with the divorce take?
The length of divorce proceedings depend on several factors like whether you are willing to settle quickly or are keen to go to a trial. Still your lawyer should be able to give you a rough estimate of how long it will take you to obtain a divorce in keeping with your priorities, based on his/her experience of similar cases.
- What do you think of mediation?
For couples who broadly agree on various aspects of their divorce, mediation is a practical option. This involves hiring a mediator who is trained in conflict resolution and family law to oversee negotiations on financial and custodial arrangement. While a mediator’s hourly rates may not be less than that of a lawyer, couples usually spend much less time with a mediator since both agree to do most of the information gathering and sharing. This significantly reduces the number of hours for which a mediator’s services are hired and hence cuts down on the fees as well. So even if you cannot do away with a lawyer’s services entirely, mediation might be a quicker way to come to wrap up divorce proceedings.
- What costs can I expect other than your fees?
Very often a local county will charge a filing fee to open a case. Then again your divorce case may require the services of experts like land appraisers, financial advisors, child psychologists, particularly if you are going to trial. So ask your lawyer to give you an idea of what will these extra charges might constitute, based on the merits of your case.
- How do you think the judge would rule?
Even though no lawyer can guarantee which way your case would go, listen carefully to the arguments behind your lawyer’s response. Once you are able to understand the grounds upon which a judge’s ruling may depend, it will help both you and your lawyer to work better on the case together.
- Will you be helping me with additional resources?
Divorce is an emotional wrenching process. If you can find a lawyer who will be patient and considerate during this very difficult time, it will make the ordeal that much more bearable. Indeed it is a mark of a good lawyer to provide information and resources to their clients to help them cope with the human side of the situation. For instance upon being asked, he/she could offer referral to other professional services like therapy or financial counseling without charging a commission.
- What will be the final cost of my divorce?
It is extremely unlikely that a good lawyer will hazard a guess on the final cost racked up by your case. A good deal of it would depend on factors beyond his/her control like the level of conflict between you and your estranged spouse and the reasonableness of your ex and his/her lawyer. Still your lawyer should be able to offer a considered opinion based upon the specificities of your case and his/her past experience in resolving them so that you can be financially ready.
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