Questions to Ask a Divorce Lawyer on First Consultation

Divorce is challenging for any client. With divorce comes tough questions, and tougher answers, which is why you need a divorce lawyer. During a first consultation, it’s important to ask the right questions, take your time, and ensure your potential attorney is on your side.

When sitting down for an initial consultation, key questions should include their experience in family law, fees, and billing structure, how they approach specific cases, legal strategies, how they have handled child custody and support cases in the past, the likelihood of a settlement or litigation, and any lingering concerns you have regarding your unique situation. By asking the right questions, you can clearly understand the legal process and what services your family law attorney will perform for you.

What questions to ask a divorce lawyer can set you up for a smoother divorce case, provide you with the information and context you need, and ensure that you and your divorce attorney are of one mind throughout the process.

What Questions to Ask A Divorce Lawyer

You need a lawyer that specializes in divorce law or family law. Other lawyers, although they may be competent in certain areas of the law, may not have the expertise to handle your case effectively.

How Long Have You Been Practicing Divorce Law

How Long Have You Been Practicing Divorce Law?

In matters of family law, nothing matters more than experience. Lawyers with years of courtroom experience are better equipped to handle your case and provide creative solutions.

How Will Your Team Work Together on My Case?

Most law firms have a team of lawyers and law clerks that handle various cases at once. It’s important that you ask whether several lawyers will collaborate on your case, or if only one lawyer will—the more skillsets working on your case, the better.

How Will You Achieve My Goals?

A competent lawyer should have a detailed plan after your first meeting regarding how they will meet your goals. Otherwise, you can’t be sure whether their services will be effective.

How Long Do You Expect This Process to Take?

Once the lawyer has been informed about the details of your case, they should have an informed opinion regarding how long it might take to seek a resolution. Otherwise, the case might drag on forever and cost you a lot of money.

How Much Do You Anticipate My Case Will Cost? What Will I Be Charged For?

If your lawyer doesn’t have a detailed costing breakdown, you might end up overcharged for their services.

What Is the Easiest Way to Resolve This Divorce?

Misunderstandings abound in the realm of divorce law. Inquire with your lawyer about whether they know of any expedient solutions to resolve the dispute as speedily as possible.

What Steps Should I Be Taking Right Now to Protect Myself?

Your lawyer can save you a lot of time and money by giving you an action plan after your initial consultation. By taking steps to defend yourself, you can resolve the dispute faster than you would if you drag your feet.

What Style of Mediation Do You Prefer?

While some lawyers prefer one-on-one litigation in the courtroom, others prefer out-of-court dispute resolution venues. Ask your divorce lawyer about which they prefer, so you know what to expect.

What Is Worth Fighting for And What Is Worth Letting Go?

A good lawyer is able to offer objective third-party advice that removes emotional baggage from the situation. Ask your lawyer about whether some issues are worth dropping to expedite the resolution of the case.

With the Facts You Have Right Now, How Do You Predict A Judge Would Rule on My Case?

An experienced lawyer should be able to inform you about the likely outcome of a case, so you know what to expect and plan for in the long-term.

If I Have Questions, How Should I Contact You?

Ask your lawyer about reasonable contact times so you know when you can reach out to them with questions or concerns if they arise.

What Is Your Fee Structure?

A transparent law firm should explain their fee structure in detail, so you don’t overpay for their services at the end of the contract.

What Are The Richmonds and Washington’s Divorce Laws?

If you’re looking for a divorce lawyer Kennewick, you need to know how divorce law works in the state of Washington. Otherwise, you may accidentally violate a legal procedure that you didn’t even know exists.

How Many Similar Cases Have You Taken to Trial?

A qualified lawyer is one who has taken many cases to trial and seen success in court. If your lawyer has no courtroom experience, you may want to look elsewhere.

How Much Do You Think My Divorce Will Cost?

Overall, a competent lawyer should be able to inform you about the general cost of your divorce. Knowing a rough cost estimate will keep you from overpaying for their services.

What to Do With a Wedding Ring After Divorce or if the Marriage Is Called Off?

A common question we receive is whether an engagement ring must be returned if the marriage does not happen or if there is a divorce. Washington State applies contract theory to this unique gift and holds that the gift of an engagement ring is a conditional gift: it is made in anticipation of marriage. If the marriage does not occur, the condition of the gift is not met, and the ring should be returned. However, our courts have also held that if the giver of the gift is the one who calls off the marriage without a good justification, then the receiver of the ring may keep it.

Types of Divorce Cases

Divorce cases, and alternatives to divorce (annulment, trial separation, and legal separation), can be divided into types such as contested or uncontested and mediation and arbitration. Knowing the different types of divorce will help you navigate your case better. It will also help you anticipate what might happen during the divorce process.

What is the difference between contested and uncontested divorce?

In an uncontested divorce, both spouses agree upon the grounds for divorce and consent to an agreement that covers any issues relevant to their case, such as division of property, spousal support, child support & custody, allocation of debt, ownership of residences and property, etc. While issues and arguments can still arise in an uncontested divorce, the conversations and division of property are typically amicable, as both sides agree with the necessity of divorce.

In a contested divorce, one or both parties disagree on issues and cannot resolve them amicably. Each party hires an attorney and the court decides on the contested issues. These divorces can be costly because of the legal fees involved, and it can take months or years to resolve them. Contested divorces are stressful, require testimony and witnesses, and have a greater effect on the family.

How can two parties reach an agreement during a divorce?

Divorce mediation calls for a neutral third party to help the two divorcing parties reach an agreement outside of court. This process is private and confidential, and nothing that comes up in mediation can be used in a trial if the two parties fail to agree. Parties might also decide to engage in co-mediation, which involves a second mediator.

Arbitration is in between mediation and trial, where the arbitrator’s decision works much like a judge’s, final and binding. Arbitration can be cheaper and faster than a court proceeding but is only available in certain states. Check with your attorney and look over your state’s laws if you are considering arbitration.

Next Steps in Your Divorce Process

What questions to ask a divorce lawyer during a consultation? It is important to ask thoughtful, relevant questions throughout your initial consultation to ensure your divorce lawyer has your best interests at heart and that you are both on the same page. The right questions can ensure effective representation and a smoother process, which can make a big difference during the difficulties and frustrations of a divorce.

After reading this article, you can take your next major steps in the divorce process. Scheduling a free case review with attorneys such as Skyview Law can give you an idea of what your representation might look like, and relying on important insights (such as those listed above) can help you evaluate your options. The right questions can make a big difference, setting the stage for a better outcome.

Picture of JARROD HAYS

JARROD HAYS

Jarrod Hays is the founder of Skyview Law. He is licensed to practice law in Washington State and the Western District of Washington State Federal Court.

gold cloud divider

Get The Legal Help You Deserve

Meet with one of our experienced and trusted team members to find out how you can stay protected and get the justice you deserve.