10 Questions to Ask a Divorce Attorney

The end of a marriage is a difficult time. For most people, divorce or legal separation is an entirely new territory, and when you find yourself at such a devastating crossroads, you often don’t know where to start. You’re running on emotion, and when you’re emotional, you can miss things. Important things you’ll regret not noticing once your divorce is finalized.

No matter the type of divorce—from contested to collaborative—your lawyer will help you through divorce proceedings. Of course, but before you even get to that point, you need to know how to choose a divorce attorney for your personal situation. Here's a guideline to help you feel confident you're hiring the right lawyer for you.

Top 10 questions to ask a divorce lawyer

1. What is your experience with divorce cases?

When seeking legal counsel for a divorce, you want to ensure you get someone who knows what they’re doing. Not just any lawyer will suffice. A criminal attorney, for example, would not be your first choice, no matter how long you’ve known that person. No, you’ll want someone who specializes in divorces. You’ll want to hire a divorce lawyer with solid knowledge and experience in divorce law in your state. Ask how many years they’ve been practicing and if they have any certifications or awards.

2. What are the main legal issues or complexities you see in my case?

Of course, you will want an attorney who has your best interest in mind and will help you feel confident in the divorce settlement. Spousal support, custody, visitation, child support, life and health insurance, and real and personal property are all topics to discuss.

3. What is your approach regarding divorce litigation versus mediation?

Mediation is less costly and a faster process than divorce. It's a way you can resolve marital issues with a neutral third party that's outside the courts. Your lawyer should outline how you will benefit from hiring a lawyer to obtain a divorce.

4. Can you explain the divorce process in this state and how long it typically takes?

Divorce laws vary in different states. This affects everything from filing fees to cooling-off periods. One example is California, which has tone of the longest cooling-off period: six months. Some states, such as New Jersey, don't have any.

In South Dakota, you can get a divorce in a minimum of 60 days on average. Court fees are $95. Attorney’s fees would be in addition to the court fees. Unlike most states, South Dakota doesn’t have any divorce residency requirements that determine how long you must have lived in the state before filing for divorce. In such cases, the family residence need not be in the state.

5. How do you charge for your services, and should I expect any additional costs based on my situation?

Law firm fees for handling divorce matters vary. An initial consultation is usually free. Ask about the attorney's fees, average hourly rate, fee structure, billing process, and the payment methods they accept. It also wouldn’t hurt to see if the attorney will provide discounts for certain services or if there are aspects of the divorce you can manage yourself to save some money.

Some lawyers charge flat fees instead of hourly rates. Flat fee structures tend to be more affordable than hourly rate structures. If your attorney charges hourly rates, there will most likely be a retainer fee required upfront from which the hourly fees will be pulled.

The average cost of a divorce is $11,300, with a median of $7,000. The divorce cost is significantly affected by the complexity of the divorce case, location, and attorney fees. Other factors can include alimony, child custody and support.

You may wind up having an entire team of other lawyers working with you on your case, including a forensic accountant and mental health professional. These may come at an additional cost to you, so it's best to be prepared.

6. What can I expect in terms of communication from your firm?

Waiting for developments is part of the divorce process. Not hearing from your lawyer can cause frustration that can be avoided. For example, your lawyer may be in court and not available to take phone calls or talk, or you may have more than one lawyer working on your case. Ask about getting timely answers about updates and whether a paralegal or legal assistant can take phone calls and communicate with you, too.

7. What are the best- and worst-case scenario outcomes of my divorce case?

The divorce process is often a complex one, and you may not even have all the facts at the beginning of it. A reputable lawyer will present a scope of possible realistic outcomes—from worst to best.

8. Are there any specific actions I can take or avoid that would benefit my case?

A lot of paperwork and documentation goes into a divorce case. You need to know what important documents your divorce lawyer needs to build your case. Ask what kinds of financial records they will need and how far back you need to go. Don’t forget to ask what kind of personal information is needed. You may need to provide documentation of asset ownership. If there was domestic violence, you may need pictures, or if your spouse had a gambling addiction, you may need to provide documentation from forensic accountants.

9. What strategies do you use to resolve conflicts during the divorce process, particularly if the other party is uncooperative?

It’s important to ask how the negotiation process will play out. This will help you understand what goes into the process, how long it takes, and what types of responses to anticipate from your spouse's attorney. You’ll want to hire a lawyer who has experience in negotiations so they can tell you what to expect.

10. Can you provide references from past clients who had cases similar to mine?

Don’t be afraid to ask for references. It can be helpful to speak with someone who’s gone through the divorce process with a particular law firm or attorney. Speaking with former clients will give you an idea of how they conduct their cases and how well you'll work with them.

Divorce attorney's key responsibilities

• Client consultation: A divorce or family law attorney should meet with clients to understand their situation, objectives, and concerns. They would provide legal advice on issues related to children, finances, and property.
• Legal guidance and strategy: Your attorney should advise you on your legal rights and obligations and develop a legal strategy that aligns with your goals within the realities of the law.
• Financial analysis: Your attorney should have a professional financial expert conduct a thorough analysis of the financial aspects of your marriage, including asset valuation and division. You’ll work with your attorney’s financial experts when necessary to assess complex assets or financial situations.
• Document preparation: Your attorney will prepare and file all necessary legal documents, such as petitions for divorce, child custody, and property arrangements, as well as draft and review settlement proposals and agreements.
• Negotiation: Your attorney will negotiate terms with the opposing party or their counsel to reach a fair settlement on issues such as spousal support, child support, child custody, and division of assets.
• Representation in court: Responsibilities will include pre-trial hearings, mediation sessions, trials, and final decree enforcements. Presenting evidence and arguments to the court to support your position.
• Communication and dispute mitigation: Your lawyer should keep you informed about the progress of the case, including potential changes in the law that might affect the outcome. Communicate with opposing counsel and third parties to gather information, mitigate conflict, and facilitate agreements.
• Protection of client interests: Ensure that all court orders are followed and protect the client’s legal rights throughout the process. Addressing any post-judgment issues, such as modifications of support or legal custody arrangements.

How to find a divorce attorney

It is very important that you find a divorce or family law attorney who is compatible with you. You want to feel comfortable with the person and confident in their abilities and reputation. There are three great methods to use to find them:

Ask for recommendations

Friends most lawyers and family would be the best place to start. Review lawyer directories and professional networks that specialize in sharing important information on lawyers in your area.

Look for attorneys near you

Do a search on local law firms for divorce or family law attorneys in your area. It’s important to ensure you find someone local who will be familiar with your local and state laws.

Search LegalZoom’s online attorney directory

Search LegalZoom’s online attorney directory: The easiest way to find a good divorce, family, law firm, or attorney is through a directory. LegalZoom has a directory of people who can speak with you regarding the legal implications of marriage and divorce and provide guidance on relevant issues.

Getting a divorce lawyer who has your best interest at heart is of the utmost importance. Everything starts with asking the right questions—of the attorney and of yourself—so you can make the right choices for you and your family. Consider your situation financially and emotionally and review all your options with your attorney before making a final decision.

FAQs

How long does a divorce take?

Unfortunately, there's no set answer to this common question. A lot depends on your personal situation. Because divorces can include issues ranging from domestic violence to forensic accounting, the timeline will vary.

Why does it seem like the divorce lawyer working on my case is not updating me as quickly as I'd like?

Waiting to hear about progress in your divorce process is often a frustrating part of the negotiation process. Your lawyer's time involves attending court, talking to opposing lawyers, contacting third parties, and more. Talk to your lawyer at your first consultation about what to expect in terms of communication. If there's an issue, let your divorce lawyer know.

How much do divorce attorneys cost?

The cost of your divorce will depend on a variety of factors, from the state where you live to what you will need to prove your case. Lawyers can charge a flat fee, bill per hour, and/or require retainer fees. You can expect to pay $200 to $300 per hour for your divorce lawyer. The average cost of a divorce is $11,300, with a median of $7,000. For more information, read about the cost of divorce.

Free or reduced legal aid may be available. Visit the U.S. government's site on legal aid to help in your personal divorce case.

Do I need a family law attorney or a divorce attorney?

Before you even ask about how much experience your attorney has, ask what type of law they practice. Family law or divorce law? There’s a difference.

Divorce law refers specifically to the legal process of dissolving a marriage. Family law cases are broader and cover many related issues. Family law attorneys handle family law cases that go beyond divorce, including physical custody of children, child support, and disputes between unmarried couples who cohabitate. Divorce attorneys are a subset of family law attorneys who specialize in divorce cases. 

There’s also something relatively new called collaborative divorce law, which is available in many states. Collaborative divorce differs from traditional divorce in that it allows you, your spouse, and your legal counsels to sign agreements so that you won’t go to court. In fact, should you decide to take the matter to trial, attorneys on both sides must agree to withdraw their representation.