Questions to Ask a Divorce Attorney
Experience
Upon your first consultation, you need to make sure an attorney is equipped to handle your case. They may have many years of experience in business law, but that doesn't translate into a good divorce attorney. No divorce is the same for any two people, however, more successful cases translates into a powerful team. You should inquire about the number and types of divorce cases handled. Their answers should align with your specific divorce needs, to ensure they are a good match. You also need to make sure they have been practicing for an extensive amount of time, they have trial experience and the number of people who will be helping with the case. This is especially important in cases where there is a lot at risk, whether you have custody or property matters.
Divorce Types
Once you have found the right attorney for your divorce, you need to figure out the kind of divorce you need to file. Most states have two options for divorce: fault and no-fault. These factors determine the amount of alimony that will need to be paid. Every jurisdiction is different, but a fault-based divorce can include abandonment, adultery, physical abuse or verbal abuse. A no-fault divorce is when a marriage is irretrievably broken because of irreconcilable differences.
Process Length
Depending on the type of divorce you file, your divorce can become a lengthy process. Many divorces that have a fault-based filing will need to go to trial, which can mean a longer divorce. It can take a few months or even up to a year, depending on the specific details of your divorce, procedures and the schedule of the court. A no-fault divorce will depend on your specific jurisdiction, but often have a three-month period after filing the paperwork or two years after living apart. Your attorney will have the knowledge to make the process go as quickly as possible and can help you fully grasp the situation.
Cost
One of the greatest concerns of divorce is the cost. From the fees associated with filing and court costs, you also need to consider the cost of your attorney. You need to ask your attorney about these specific fees and their rate, whether it is an hourly fee or a flat-rate. Divorce can be costly, so it's important to plan appropriately.