Questions to Ask Your Divorce Lawyer
Attorney Fees
Apart from the emotional pain of getting divorced, the financial burden is probably everyone's biggest worry. Legal fees cost, and there’s no avoiding them if you want to get a divorce. You should also remember that not all divorces are straight-forward, especially if there are issues between you and your spouse. Some divorces can take years to complete so the costs can mount up.
Ask your lawyer how they bill clients and decide which method works for you. Some law firms charge a fixed fee while others bill by the hour. Both options have their advantages, but if you and your spouse are on good terms, then paying by the hour might work out less expensive than a fixed fee.
The Procedure
There are many requirements you have to go through when you want a divorce and each state has its own laws. Your lawyer will know the steps you have to take and will tell you how lengthy the divorce is likely to be based on your individual circumstances. If you have a busy work schedule or family commitments, then having an estimated timeline can help a lot. Uncontested divorces can take between six weeks to one year to complete.
You should also determine how your lawyer will handle the case. Some lawyers are very hands on and like to communicate regularly with their clients. Others only call when they need to, so it depends on your preferences.
Alimony
If you’re unfamiliar with state law, then you should ask your attorney what the financial and implications of the divorce will be. Some states have rules on whether a person can seek alimony from their spouse, and sometimes, it’s not possible. Your eligibility for alimony depends on the length of the marriage and if a prenuptial agreement was in place. If you’ve stayed home to raise children, then you might be entitled to alimony.
You might worry you’ll be responsible for alimony payments, but your lawyer can advise you on how much you’re likely to pay. Knowing the facts can save you from nasty surprises as the divorce proceedings continue.
Child Custody
If you and your spouse have children, then you should put their needs first. Divorces are more difficult when kids are involved, and you should put aside any animosities for their sake. If you can agree on a custody arrangement privately, it can save you time and money. However, sometimes, this isn’t possible and a judge will decide who gets custody.
Ask your lawyer how likely you are to gain custody of your children, or try to negotiate a deal with your spouse. Disagreements about custody can prolong or even halt divorce proceedings. Your lawyer might arrange mediation for both parties to come to an agreement.
Splitting Assets
Most states have a simple way of splitting joint assets, but the rules vary. It also depends on whether you and your spouse agree to split everything. State property laws will clear up any disputes about ownership rights and it should be a simple process. Knowing the legal guidelines means you’ll know ahead of time what you can expect to receive.
Finding the right divorce lawyer is imperative to the proceedings going smoothly. Choose an experienced lawyer who can represent you professionally. Low-cost lawyers might seem like a good idea, but you might end up losing out in the long-run.
