Questions You Need to Ask Your Divorce Lawyer

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Divorce Law
This article was reviewed and approved for publication by Attorney Charlotte Christian.

Questions You Need to Ask Your Divorce LawyerWe consult professionals about almost every aspect of our lives. We visit doctors to know whether we’re healthy. We go to accountants to discuss what we might do to reduce our tax liability. We even sit down with estate planning attorneys to make plans for our assets after we pass away. 

A divorce lawyer is no different. While you don’t need to choose the first lawyer you consult with, you want to make sure you’re seeking out true, professional divorce attorneys and that you’re prepared to ask your divorce lawyer questions so that the process is as efficient as possible.

Making the Right Choice

There are lots of lawyers out there, and many advertise themselves as “family law” or “divorce” attorneys. However, family law is technically a sub-specialty that involves complex legal principles, which take time and experience to master. 

Within the area of family law, there are even further sub-specialties, such as custody law, international custody law, guardianship, etc. It is extremely important to hire a good lawyer early in your divorce process, but how do you determine who is a “good” lawyer for your situation? What questions should you ask? 

Here is a list asked from the point of view of a potential divorcee looking for an attorney:

“How Much of Your Practice Is Devoted to Family Law?”

You don’t want to hire someone who is just starting out in the practice of family law. There are many intricacies and nuances that can only be learned with experience. Now is not the time to give the “rookie” a chance – experience trumps personality, affordability, or charm in this situation.

“How Do You Charge for Your Time?”

Some attorneys have different rates for their time, whether in court or out of court, and you need to know this upfront. In addition, you want to know in what increments of time you will be billed. Some attorneys break down their time into portions of an hour, while other attorneys will charge a minimum for drafting letters or appearing in court.

When you partner with our family law firm, you can rest assured that you’ll know everything about our payment plan from the very beginning. 

“How Much Will a Divorce Cost?”

Do not expect the attorney to give you a specific quote on fees, but they should be able to give you a rough estimate and a list of services covered by that estimate. More experienced lawyers should be able to provide you with a roadmap of the process and cost of each step. 

You should be very skeptical about an attorney who quotes you a fixed rate or guarantees that your entire divorce will only cost a certain amount. Remember – you get what you pay for.

“Do You Prefer to Negotiate and Settle, and What Is Your Attitude Toward Mediation?” 

You will be best served by an attorney who is looking for ways to solve problems, not to create disagreements or make them worse. An attorney who is willing to try all possible avenues to resolve your case can help make your divorce less costly, both financially and emotionally.

“How Will You Communicate With Me When Needed?”

Whether it’s via email, phone calls, or text messages, you need to know how an attorney best communicates with their clients and the time frame in which they communicate. You don’t want to have an unfulfilled expectation of how long you need to wait for a response from the attorney – that will only cause frustration on your part.

“Can You Explain the Legal Issues in My Case, as Well as the Legal Process?”

A solid attorney should be able to easily identify and explain the legal issues surrounding your case. You do not want to hire an attorney who needs to refer back to the law book every time you have a question. 

After all, legal textbooks only give so much information. You want someone familiar with both divorce proceedings and state law. 

“What Is Your Game Plan or Strategy for Handling My Case?”

Your attorney should be prepared to provide you with their overall strategy, even if it isn’t as detailed at first as it will be. You want your attorney to be proactive and not just reactive, which will save you time and money in the long run. 

Remember, your case’s strategy may change during the course of the proceedings, but its end goal should remain the same and be fully communicated to you.

“Do You Have Experience Working Against the Opposing Attorney (if There Is One Already Involved)?” 

This may not be important to everyone, but it is helpful to know whether or not your attorney has dealt with opposing counsel in the past, especially if they know their weaknesses, preferences, or tendencies. 

If they have had previous experience with the opposing counsel, your attorney can better speculate how the case might proceed. If your attorney doesn’t know the opposing attorney, it is appropriate for you to ask them to do some research.

“Will I Receive Copies of All the Documents You Generate and Receive Regarding My Case?” 

The right attorney will provide their clients with copies of everything that is received or sent out. You don’t want an attorney who is so busy that they forget to send you any documents that require your consideration.

“How Can I Keep the Cost of My Divorce Down?”

You may ask your lawyer: “Are there tasks that I can do myself to cut down on the amount you will charge me?”

If your attorney has any integrity, and if it’s at all possible, they should be able to enlist your help with certain tasks, especially if that will save them time. A decent attorney’s end goal should not be to extrapolate as much money as possible from their clients.

“Can You Predict My Case’s Outcome?”

No divorce attorney can predict outcomes with unmatched accuracy. A seasoned divorce lawyer can give you a probability (likelihood) of which way the case will go. However, they can’t guarantee anything. What’s more, they must hear the facts of the case in detail first before saying which way a case is likely to go.

If your case is very unique to others, don’t expect a clear outcome. However, an experienced lawyer has probably dealt with cases like yours in the past. He/she should therefore be in a position to give a good prediction. However, don’t confuse likelihood with the ultimate outcome.

“How Will My Case Affect My Taxes?”

Divorce affects taxes. Couples are likely to change tax brackets after divorce. Generally, joint filers have a higher income tax bracket. As a result, individuals who earn more than their spouses are bound to pay more taxes after a divorce.

There are also tax implications on property. While divorce attorneys don’t do taxes, a seasoned attorney will have an answer to tax matters in relation to divorce. Alternatively, they should be able to arrange for professional help on tax matters.

“How Can I Continue Communicating with My Spouse Amicably?”

Divorce shouldn’t end with anger and bitterness towards a spouse, especially when there are children involved. The need for amicable communication when co-parenting can’t be overemphasized. A seasoned divorce attorney is equipped to handle the entire divorce process in ways that result in respectful dealings.

They should give you “tools” for diffusing conflict. If your preferred attorney struggles to answer this question, they are probably not experienced. While a lawyer’s main job is to handle their client’s matters, prudent divorce attorneys ensure they don’t damage relationships further. 

In fact, their focus is on ensuring the process is smooth and fair. They understand how to communicate and handle people based on their personalities. Most importantly, they can tell when communication should stop.

“How Will My Divorce’s Files Be Kept Securely?”

Divorce proceedings involve the handling of confidential documents with sensitive personal information like bank account numbers, social security numbers, addresses, and other information. As a result, it’s understandable why you would be worried about confidentiality. 

The divorce attorney you hire should have systems in place to guarantee data security. Any divorce attorney who doesn’t answer data privacy and security questions properly shouldn’t be hired.

“What Divorce Information Can I See?”

Divorce proceedings involve requests and submission of a lot of personal information from both ends. Generally, you should be able to see every file concerning your case. Avoid hiring an attorney who doesn’t give clients access to their files.

Unless portions of a file have been protected via a court order, i.e., a child custody evaluation, everything should be accessible to you. In most cases, you should be able to view everything. However, a family court order can stop you from having a copy if you are being represented by a lawyer.

“Can You Provide Client References?”

A seasoned divorce or family attorney with a great track record of winning cases shouldn’t have a problem letting you know and/or talking to past clients. By talking to past clients, you should be in a position to judge a lawyer’s suitability. While there may be confidentiality issues when sharing unsolicited contacts, a seasoned lawyer knows how to give potential clients access to past clients for purposes of verifying their expertise.

If the lawyer in question has won a custody or property dispute case in court, providing referrals should be easy. The same applies to other aspects of divorce cases like custody, alimony disputes, etc. If the lawyer in question can’t share verifiable past clients for you to talk to, don’t hire them.

“How Much Will I Get Paid in Alimony or Spousal Support?”

If you are a low-income earner, you should be concerned about spousal support ordered during a final judgment. Most cases also have temporary spousal support before a final judgment. Only seasoned divorce attorneys are capable of offering detailed answers about spousal support.

While a detailed or exact answer isn’t possible in most cases, experienced family lawyers can give accurate estimates based on the specific facts of your case. By analyzing your spouse’s income, and other factors such as your income stream and the marital standards of living, they should give an accurate spousal support range. 

Avoid lawyers who give definite figures or unrealistic estimates without looking into the case’s information in detail.

“Can I Modify My Divorce Settlement Once My Divorce Is Finalized?”

You may be able to modify your divorce settlement once your divorce has been finalized. Despite your best efforts, even after you have finalized your divorce, there may come a time when the terms are no longer appropriate, valid, or possible. If this happens, you may need to speak with your ex to determine if you can come to an agreement about what modifications need to be made. 

In some cases, the spouse paying alimony may require an adjustment when their circumstances change. However, if your ex does not agree to the proposed changes, you may need to bring your case to court. You will need to convince the judge that the modification in question is in the best interests of everyone involved in your situation. 

“How Is Marital Property Distributed in Alabama Divorces?”

Alabama follows equitable distribution laws when it comes to the distribution of marital property and divorce. Equitable distribution means your marital debts, property, and assets will be distributed fairly in your divorce.  

Equitable distribution aims to ensure both parties are able to maintain their pre-divorce lifestyle once the divorce has been finalized.

“What Is Considered Marital Property?”

Marital property includes any property or assets that were purchased for the benefit of the marriage. It should be noted that any items purchased explicitly for the use of one spouse may be considered separate property. 

Other items that may be considered separate property in a marriage include:

  • Inherited items 
  • Assets you owned before the marriage
  • Money awarded to one spouse from a personal injury lawsuit
  • Gifts given from to one spouse to another 

It is in your best interest to try to work out the distribution of your marital property and assets with your spouse as opposed to having this decision made by a judge. The judge does not know you, your family, your lifestyle, or your financial state. 

Working with a divorce lawyer to get your marital property distributed fairly could be a good way to get your divorce finalized in a timely manner.

For a free legal consultation, call (256) 859-7277

Your Prospective Divorce Lawyer May Ask You Questions 

While evaluating your situation, your divorce lawyer may ask you some questions about your situation, including: 

  • Do you have any children? If so, how old are they? 
  • What is your occupation?
  • How long have you been married? 
  • Do you and your soon-to-be-ex own any businesses together? 
  • What was the marriage like between you and your former spouse? Were there any instances of violence or abuse? 
  • How long have you and your spouse been separated? 
  • Were there any instances of infidelity between you and your ex? 

Your prospective lawyer may also ask you to describe your situation as a whole. This will give them insight into how they can seek the best possible outcome for your divorce. 

Get Help from a Divorce Lawyer in Huntsville Today 

The best-of-the-best divorce attorneys don’t struggle to answer any questions. They have a deep understanding of family law in their state and unmatched experience handling cases like yours for years. If a potential lawyer doesn’t inspire confidence when answering questions, find another one. 

If you have divorce lawyer questions that need answers and you’re in the greater Huntsville, AL, area, Charlotte Christian Law is the partner for you. Our vast experience and knowledge of the system can help you get the win you need in your divorce proceedings. Call us today to schedule your free case evaluation.

Call or text (256) 859-7277 or complete a Free Case Evaluation form

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