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Most couples will choose a lawyer to represent them in a divorce. Even if your divorce is amicable, you will need advice about the law and the services of a lawyer to prepare and file necessary paperwork. While you and your spouse can choose to be represented by the same attorney, it is best to retain your own counsel who will look out for your individual interests, particularly:
- if there are unresolved custody issues or
- if there are major disagreements about property or
- if one spouse dominates the marriage or is intimidating or abusive.
Choose a lawyer who specializes in family law. You want someone guiding you who has an intimate knowledge and experience in divorce law. He’ll be up-to-date on changes in the law, tax ramifications, custody plans, mediation, the personalities of judges and how best to present your case. Your county bar association can give you the names of several competent lawyers in your area. You might also ask for referrals from recently divorced friends, your therapist, accountant or other lawyers.
Schedule an appointment with two or three different attorneys. Many offer a free or very low cost one hour general consultation. Explain your circumstances and concerns and see how you feel about the answers you receive. You want a lawyer who knows the law, treats you respectfully, takes time to explain the process, and fully answers all your questions. Here are some questions to ask:
- How much of your practice is in family law and specifically in divorce law? How long have you been practicing in this state and what do you do to stay current with new issues?
- How much do you charge and how are fees handled (retainer or hourly) and billed?
- How accessible are you by phone and how are phone calls billed?
- What is the process and how long will it take?
- How do you feel about collaborative divorce and mediation?
- What percentage of your cases are resolved without trial?
