Choose the Right Divorce Lawyer

If you are considering filing for divorce from your spouse, you will most likely need to find a divorce attorney. Legal issues related to divorce are complicated, and a divorce attorney can help you navigate this difficult topic. While it may seem like any lawyer would do a good job, is important to select a divorce lawyer who is equipped to handle your situation and who you can trust. Keep reading to learn how to choose the right divorce lawyer.

Steps

Searching for an Attorney

  1. Decide whether you need an attorney. You may not even need to hire a lawyer for your divorce. Most divorces, especially if there are no children involved and neither party contests anything, don't require an adversarial legal process.[1]
    • Consider using an experienced mediator instead. The mediator will work with you and your spouse to come up with a division of assets agreeable to both parties. After the assets have been divided, you and your spouse can file for divorce on your own.
    • In many states spousal support, child support, and asset divisions follow rigid guidelines. You can calculate them with simple and inexpensive programs that can serve as the basis for mediation.
  2. Give yourself (and your spouse) time. Reduce the fear and the perception of the need to “legal up.” Try to mutually agree not to take any steps that will materially affect either of your financial situations without giving each other notice and reasonable time to respond.
    • Even if you do decide to retain a lawyer, the process of divorce will be much easier if you try to cooperate with your spouse.
  3. Create a list of local divorce attorneys. When creating your list, include the attorney’s name, address, phone number, and website address. You can find nearby divorce attorneys by:[2]
    • Looking in your local yellow pages. Check your yellow pages under “attorney” then searching for ads that list divorce or family law as an area in which the attorney(s) practices.
    • Running a search of an online phone directory.
    • Using your favorite search engine to run an online search. You may be able to find divorce lawyers in your area by using your favorite search engine to search “divorce/family law attorneys in YOUR STATE”. If you live in California, for example, you would want to search “family law attorneys in California.”
    • Visiting your state bar association’s website or calling and asking for a referral. Check to see if your state bar association certifies attorneys as specialists in family law. To locate your local bar association website, visit the website for the American Bar Association.[3]
  4. Narrow your list. You may be able to eliminate some lawyers from your list by looking at other people’s recommendations (to hire or not to hire) and referrals. A few ways to gather referrals and recommendations include:[4]
    • Talking to friends and family. Talk to friends and family members who have used a divorce lawyer. Find out who they hired, if they were happy with the services, and why or why not. Ask if they would recommend the attorney.
    • Checking online reviews. Many websites offer free reviews of lawyers. Find Law is one of the many great resources you can use for this purpose.[5]
    • Looking at disciplinary records. State bar associations keep public records about complaints and disciplinary actions taken against attorneys licensed to practice in the state. You can find your bar association’s website by selecting your state from the State & Local Bar Associations page provided by the American Bar Association.
  5. Review each attorney’s website. You can narrow your list further by thoroughly reviewing the website of each attorney on your list. Some things that you want to look for include:
    • Information about divorce law. Look for some general information about divorce and family law, a frequently asked questions (“FAQ”) section, or a blog with articles pertaining to family law. The best attorneys will have well developed websites offering a lot of information.
    • Grammar and spelling. If you see a lot of grammar and spelling errors, maybe that attorney is not for you. An attorney should use proper grammar and a spell check, or ensure that those writing content for his or her website can.
    • Background information on the attorney. Most lawyers’ websites will provide information about each attorney working for the firm. Take a look at each lawyer’s educational background and work history. You should look for a divorce attorney who has at least three-to-five years of experience doing family law and who spends at least 50% of his or her time doing divorce work.
  6. Look for specialization within divorce law. Another easy step to narrow your list is by specialization within the umbrella of divorce law. Many state bar associations have certified specialists in family law. If you find an attorney who appears to have a specialization, only consider the attorney if you fall within the category that the lawyer usually handles.[2]
    • For example, if you find an attorney whose website is titled something like “Dad’s Divorce Central,” you would not want to engage the attorney unless you were a father getting a divorce.

Preparing to Meet with an Attorney

  1. Make an appointment with each of the remaining lawyers on your list. Contact each of the attorneys remaining on your list and set up a consultation. Most attorneys do consultation appointments for free, but some may charge a small fee for a consultation.
    • Expect to pay about $50 when the lawyer does have a consultation fee.
    • If you cannot afford a consultation fee, contact other attorneys. Most will offer free consultations.
  2. Gather the relevant information and documents. As you make appointments, the attorneys will likely request specific documentation regarding your case. Get these documents together ahead of time to be sure that you can locate them on the day of the appointment.
  3. Prepare to ask questions about the attorney’s experience. You have a limited amount of time with each lawyer, so ask questions that will give you a good sense of the attorney’s experience. Some initial questions you should ask include:
    • “How long have you been practicing family law?” You should look for someone who has practiced for at least three years.
    • “How many divorce cases do you handle per year?” You want to hire someone who spends at least 50% of his or her time doing divorce work.
    • “Do you know the domestic relations judges in the area?” Knowing the judges who will handle your case is a plus - the judges will be more likely to like the lawyer and trust what he or she says.
    • “Do you know my spouse?” You do not want to hire someone who has a personal or professional relationship with your spouse.
  4. Prepare to ask questions related to your specific situation. To get a sense of how an attorney would proceed with your case, make sure to ask some pointed questions during your consultation. Some questions you should ask include:
    • “What is your strategy for my case?”
    • “How long do you think it will take to complete my case?”
    • “How much property do you think I will be able to get?”
  5. Prepare to ask questions that will help you assess the attorney’s availability to work on your case. To get a sense of how easy it will be to reach your attorney and how closely he or she will be working with your case, ask some pointed questions about these details. Some questions you should ask include:
    • “How easy is it to reach you by phone?”
    • “Will anyone else in your office be working on my case?”
    • “How will my case be covered when you are in court or away from the office for other reasons?”
  6. Prepare to ask questions about costs. To get an idea of how much the services of your attorney will cost, you should prepare to ask some direct questions about the costs of his or her services. Some questions you should ask include:[4]
    • “How much do you charge for anything else other than your time?”
    • “What expenses do you pay from the money I pay you and what expenses do I have to pay directly?”
    • “Under what circumstances do you refund all or part of my retainer fee?”

Meeting with an Attorney

  1. Ask your questions. When you meet with an attorney for your consultation, ask all of the questions that you have decided to ask. You may also want to bring a notepad and paper to make notes about the attorney’s answers and also note your general thoughts on the attorney.
  2. Be aware that the attorneys you interview may not have answers to all of your questions. If your particular issue is complicated or extremely rare, it is possible that the attorneys you interview will have to research the specifics of domestic relations law in your state and how they would apply to your case.
    • Do not assume that the attorney is a bad choice or that the attorney is not knowledgeable if he or she cannot answer your question right away. Instead, assess the attorney’s answers to the other questions you asked.
  3. Keep control of the conversation. Some attorneys may attempt to take over the conversation and steer it where they want it to go. If you are comfortable with that, it is fine. If not, try to redirect the conversation to the topics that you want to discuss.
    • To redirect the conversation, politely say, “I am interested in hearing more about that, but first I want to ask a few more questions.”

Making Your Decision

  1. Reflect on the attorney’s answers to your questions. Consider whether or not the attorney answered your questions the way you had hoped or expected. If the attorney’s answers were way off from what you thought they should be, then that is a good sign that this attorney may not be the best fit for your case.
  2. Think about whether or not you have a chemistry with the attorney. It is important to have a good relationship with your attorney so that you feel comfortable enough to trust them with personal information for your case. If you just don’t like the person, that is a good sign that you should not hire that person as your attorney.[2]
  3. Consider cost in your decision. If the divorce is not complicated and will not be drawn out (i.e., if you and your spouse agree on most things), you can usually negotiate a flat-fee arrangement with your attorney. A flat fee is where you pay the attorney an agreed upon price for the whole divorce, regardless of the actual number of hours the attorney spends.[6]
    • If you think that your divorce will be contentious or if you and your spouse have lots of property that must be split up, your lawyer may want to charge you by the hour. Here, the lawyer probably assumes that the case will take more time and effort and therefore he or she will want to make sure the compensation is in line with the amount of time spent.
    • If you think that you will struggle with paying an attorney, check out: How to Hire a Lawyer When You Have Low Income.
  4. Choose an attorney. Aside from experience and strong knowledge of family law, choose an attorney with whom you think you will get along and like working. If more than one attorney has the qualifications you are looking for, you should choose the one with whom you feel most comfortable.
    • If the attorney makes you uncomfortable in any way or seems dismissive of your case or your situation, you should choose someone different to represent you.

Tips

  • Even though you hired an attorney, you can fire him or her at any time and for any reason.[6] Consider firing your attorney for doing any of the following:
    • Missing filing or court dates
    • Refusing to give you updates on the status of your case
    • Not answering phone calls and emails
    • Not being honest and forthright when you ask questions
  • If you fire your attorney at a later point in your case, you can ask the domestic relations judge for a recommendation.
  • It is also important to remember that in certain situations, your attorney may withdraw from your case.[7] An attorney may withdraw due to conflicts of interest; client consent; differing case strategies; a client’s unethical, fraudulent or criminal activities (in these situations an attorney may be required to withdraw from your case); personality conflicts; failure to pay fees; or a client’s failure to cooperate.
  • To get the best results from your case, cooperate with your attorney. Having a good attorney will certainly help you in your case, but there is only so much an attorney can do without cooperation from you.
  • Always provide all requested documents, and don’t skip hearings.

Warnings

  • This article offers legal information, but it is not intended as legal advice.

Related Articles

Sources and Citations

  1. ↑ Nolo’s Essential Guide to Divorce, Emily Doskow (Chapter 1, Chapter 3).
  2. ↑ 2.0 2.1 2.2 http://www.nolo.com/legal-encyclopedia/find-lawyer-how-to-find-attorney-29868.html
  3. ↑ http://www.americanbar.org/aba.html
  4. ↑ 4.0 4.1 http://www.aaml.org/library/publications/415/divorce-manual-client-handbook/5-selecting-divorce-lawyer
  5. ↑ http://lawyers.findlaw.com/lawyer/practice/divorce
  6. ↑ 6.0 6.1 Problems and Materials on Professional Responsibility, Morgan, Rotunda, & Dzienkowski (12th Edition).
  7. ↑ http://research.lawyers.com/when-an-attorney-must-or-may-withdraw-mid-case.html
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