Hiring a Divorce Attorney

You’ve made the decision to get a divorce. Now it’s time to hire a divorce attorney. More than likely you’ve never had to hire a divorce lawyer; maybe you’ve never had to hire any type of attorney before. So where do you begin?

Two things are vital in hiring an attorney to handle your case. First, divorce can be complex so the attorney you choose has to be knowledgeable and experienced in the area of family law. Are there specific issues that your case will involve? If custody is going to be an issue you will want someone who has handled child custody cases before. If there are significant assets to be distributed, such as a family business you will need an attorney that specialized in divorce cases involving business valuations. These are just two examples of areas of specialty within the practice of family law.

The next thing that is important when hiring an attorney is finding someone you are comfortable with and feel you can trust. Think about what you are looking for in an attorney. Would you feel more comfortable working with a female or a male? Does their age matter? Do you want somebody who is very aggressive or more on the mellow side? These characteristics may seem silly, but they all go towards your comfort level.

Many attorneys offer a free consultation. You can take advantage of this opportunity to meet with a few different lawyers before making your final decision. Keep in mind that not all attorneys will offer a free initial consultation and those lawyers that do not shouldn’t be overlooked during your search. The fee they charge for the initial consultation may be the best money you ever spend if it means finding the right family law attorney.

• Your phone calls promptly returned.
• Be kept up to date on the status of negotiations and proceedings.
• Be given copies of all correspondence and documents sent to and received from your spouse's attorney and the Court.

Below are questions to ask when interviewing potential lawyers to handle your divorce case.

• How long have you been an attorney?
• How many matrimonial cases have you handled?
• What percentage of your practice is devoted to matrimonial?
• What is your experience in cases involving custody? (Ask only if custody is an issue).

• Is a retainer required? If so, how much?
• What is your hourly rate?
• Can my case be handled for a set fee instead of an hourly rate?
• What services are charged for, i.e. copying, court fees etc.?
• When is your fee due?
• Can I make payments? Do you accept credit cards?
• Can I pay your fee out of the money I receive from my settlement?

• Based on the state laws what am I entitled to in regards to pension, child, support, alimony and equitable distribution?
• Have you handled cases where a client had similar circumstances to mine? How did they fare?
• Can you provide me with references? Some attorneys may not be willing to give references due to client attorney privilage, but it can't hurt to ask.
• Would you say your style is more of a diplomat or a "Go for the throat" type?
• My spouse is using _____________________, have you ever worked with, or against him/her?
• If you have worked against him/her what was the outcome?
• What type of lawyer do you think he/she is?

Finally, wait until after you have interviewed several attorneys before selecting one. Leave your checkbook at home. At the end of the consultation you might feel obligated to leave a retainer. By leaving your checkbook at home you will not make any hurried decisions. Make sure you are totally comfortable with your selection, including fees, experience and his/her approach (style).

Additional Divorce Resources and Information:

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