Questions to Ask a Divorce Attorney

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One of the most difficult decisions that can be made in life is to end a marriage. You may have promised to spend your lives together, but sometimes situations can get in the way and ruin even the most well-laid plans. Because of the legality of the situation, it's imperative to seek professional help to ensure you fully understand the process and you can successfully receive what you may be owed in the divorce. Before you can even approach an attorney, you need to understand what lies ahead during this process. Depending how long you were married, your assets and offspring, the process can take a great deal amount of time. From litigation to paperwork, without a professional team it's impossible to figure it out on your own. Preparation is key to a desired outcome, so take the time to learn about what to expect and the necessary paperwork. Asking your attorney the right questions will also reduce stress, while ensuring that the process is handled in a favorable fashion. The right lawyer will represent your needs in court, and providing him with the necessary information can give you the advantage.

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.
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