Before going through with a divorce, it is a smart idea to have some questions ready to ask an attorney. It is important to ask things such as what paperwork will be needed, how long the process could take, questions regarding children, and how expensive the attorney’s fees and costs will be. Here are some questions you should print out and ask when you consult with a divorce attorney.
1. Who will be working on my case exactly? What kind of divorce attorney are you?
This sounds like a simple thing to ask, but more often than not, a prospective client may consider who exactly who will be working on their case. It is an important question to ask because often times a junior or associate lawyer, whom you did not consult with, maybe the person working on your case. It is important to ask: Whick attorney will be personally be working on all pieces of the case? Otherwise, will it be split between an attorney, paralegal, or secretary? Who will be doing the paperwork and filings? It is important to consider what kind of attention you would like on your case and whether you want (or can afford) to have the attorney handling every portion of your case.
It’s also important to ask what field the attorney specializes in. Do they specialize in family law, or are they a general attorney who is new to the field? How many cases have they completed? You can also look up reviews of attorneys online, as well as search up their name on the California bar’s website to see what they specialize in.
2. What are the fees included? Does my fee cover trial costs if we end up in trial?
You should ask the attorney if they’re charging hourly rates, a retainer fee, or a single flat fee. Flat fee attorneys typically do not include trial costs in their fee, however, you know exactly what you are paying for and will not be surprised by any hidden fees. Go over with the attorney what exactly the flat fee covers and what it does not, as some attorneys will hide some fees outside of their ‘flat fee.’ More experienced attorneys will typically charge hourly rates, ranging from $150 an hour to $600 hourly for a very experienced attorney. Paralegals could also handle parts of your case for a cheaper hourly rate.
3. Is there anything I shouldn’t tell my ex? Will my divorce attorney tell me what to say?
It is never a good idea to discuss any part of your case with a third party, which include your friends, your ex, and their family. The only exception is when you are seeking a second opinion with an attorney. During this time it’s best to keep to yourself and not let anything slip up in your case.
Understandably, the divorce process is long and cumbersome. Many people allow their anger to get the best of them and say things like “I’m gonna take the kids from you forever!” or “you won’t get a dime from me!” Statements such as these are not wise to express, as they can come back and hurt your reputation and case. These words could be used in court against you. This can create more work for your attorney to be handled during the divorce process. If you have any questions on how to handle your ex-spouse, contact your attorney.
4. What paperwork do I need to show my divorce attorney?
Your attorney will advise you on what you need to bring to your meetings. They will ask for basic things such as tax returns, property taxes, what debts you have, etc. In some cases, your attorney will ask you to bring texts or video evidence to the meetings. Texts from your ex could come in handy depending on what has been said. An attorney would advise you on what is necessary to bring and what isn’t.
5. How often will I need to see my lawyer?
This answer typically depends on the circumstances of your case and how complex it is. If your spouse is acting very irritable and doesn’t want to give up an inch, meetings with your attorney will be more common. If there are criminal charges or abuse issues, then you’re probably going to be with your attorney more often than not. It’s still important to note that hourly attorneys will still charge you for calling and asking simple questions and will bill in 15-minute increments, however, some will answer quick questions for free. In most divorce cases, you can expect to speak to your attorney 2-5 times a month.
6. How long does the divorce process take in California?
The divorce process takes at least 6 months to be completed. This is due to California law requiring 6 months to pass from the day of filing to the day of finalization. In some cases, this could take even longer if the courts are backlogged with cases, or if the other spouse is acting erratically. Complex divorces could last up to a year or more. Speak with your divorce attorney to get an idea of when your case will be finalized.
7. Do I have to go to court for my divorce?
Not all divorces end up in court. If both spouses are able to come to agreements easily and aren’t fighting with each other, most of the time your divorce will be settled out of court. If both spouses are being ‘easy’ with each other, your attorney might suggest mediation. However, typical divorces will be settled out of court, with attorneys from both sides coming down to speak and negotiate. After the settlement is completed, it would be sent to the courts to be finalized.
8. How much will my divorce cost?
A typical divorce in the US ranges at around $15,000-$20,000. These are for less complex cases that don’t require too much time or have too many complex circumstances. Divorces that last over a year or cases that are complex could range from $45,000 upwards.
9. Is there any way to keep the cost of my divorce down?
Your attorney should be communicating with you well to tell you what you need to bring in advance to your meetings. This will save valuable time and money by allowing you and your attorney to go over the facts quickly and easily, without having to search around for the right paperwork or documents.
Contact Pride Legal
If you or a loved one has been thinking about getting a divorce, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
