If you’re considering a divorce, it’s important to ask the right questions to ensure you understand the legal process, your rights, and potential outcomes. Here are key questions to ask a lawyer before starting a divorce:
Questions to ask a divorce lawyer
1. Legal Process & Strategy
- How does the divorce process work in my jurisdiction?
- Laws differ by state or province, and it’s important to know how local procedures apply.
- What are the grounds for divorce?
- Can it be a no-fault divorce, or does someone need to be at fault?
- How long does the divorce process typically take?
- What steps do I need to take now to prepare for divorce?
- What is your strategy for my case?
- This will help you understand how the lawyer plans to handle your case.
2. Financial Matters
- How will our assets and debts be divided?
- Laws regarding asset division (common property and unequal distribution) vary. Ask what you’re likely entitled to.
- Will I be entitled to or have to pay spousal support (alimony)?
- How is child support calculated?
- If you have children, understanding child support guidelines is critical.
- What financial documents should I gather?
- You’ll likely need bank statements, tax returns, retirement account information, etc.
- How can I protect my financial interests?
- Ask about steps to prevent your spouse from dissipating assets during the process.
3. Child Custody & Support
- What factors will the court consider in determining child custody?
- Courts often prioritize the best interests of the child, but understanding the specific criteria in your case is important.
- How will parenting time (visitation) be determined?
- Understand how custody schedules are created.
- How can I protect my parental rights?
- This includes things like shared decision-making and time with the children.
- What happens if my spouse and I disagree on custody or support?
4. Communication & Costs
- How will we communicate?
- Find out if you’ll communicate mostly via email, phone, or in person, and how quickly they typically respond.
- What will this cost?
- Understand their fee structure—flat fees, hourly rates, or retainers—and what expenses (like filing fees or expert costs) might arise.
- Can we resolve the divorce through mediation or collaborative law to reduce costs?
- Mediation or collaborative divorce can be less expensive and less adversarial than litigation.
- How often will I receive updates on my case?
5. Property & Asset Division
- How will our home be divided?
- Whether you own a home together or separately, knowing how it will be divided or sold is key.
- What happens to retirement accounts or pensions?
- You may need to divide retirement assets, and understanding Qualified Domestic Relations Orders (QDROs) is important.
- Who gets to keep the family business or shared assets?
6. Spousal & Child Support
- What factors affect spousal support?
- Duration of the marriage, earning capacity, and lifestyle during the marriage are all factors that could be discussed.
- How can I ensure that child support is enforced and paid on time?
7. Other Legal Considerations
- Do you foresee any issues in my case?
- If there are any unique aspects of your case, such as large assets, difficult custody issues, or a potential dispute, ask how these will be handled.
- What should I avoid doing during the divorce process?
- Some actions, like moving out of the family home or changing finances, can negatively affect your case.
- Do I need to change my will or estate plan?
- How long will I have to wait before remarrying?
- Some jurisdictions have a waiting period before a new marriage is allowed.
8. Post-Divorce Matters
- What can I do if my ex-spouse doesn’t comply with the divorce agreement?
- Ask about enforcement mechanisms for child support, alimony, or property division if your spouse doesn’t follow through.
- Can child custody or support be modified after the divorce?
- If your circumstances change (like a new job or relocation), understand what options exist to modify arrangements.
- Will I have to pay or receive alimony for life, or can it be modified?
9. Experience and Case History
- How much experience do you have with divorce cases?
- Ideally, you want a lawyer who specializes in family law and has handled cases similar to yours.
- Do you have experience with high-conflict or complex divorces?
- What is your success rate with divorce settlements vs. trials?
- Knowing how often a lawyer can resolve matters through settlement versus going to trial might inform your decision.
10. Alternative Dispute Resolution (ADR)
- Can we avoid court and resolve our issues through mediation or collaborative divorce?
- What are the benefits of mediation or collaborative divorce over litigation?
These questions will help you understand the legal landscape and set expectations for the process, costs, and potential outcomes of your divorce.
Allen Madelin Avocats work daily with legal issues related to family law, including child custody. The first consultation is offered for $125. For more details, please contact us by phone: 1 514 904 4017 or by e-mail: [email protected].
