26 Questions to Ask Divorce Lawyers Before Hiring Your Attorney

Here's why it's important to do your research before handing over a retainer.

Reading through the conditions before signing them

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Getting a divorce is a huge (and often, scary) step, and how it's handled can have a lasting impact on the rest of your life. No matter which side you're on, however, it's always wise to seek experienced legal representation prior to officially ending your marriage. But before you go ahead and research just any divorce attorney, hiring someone who can handle your situation is of the utmost importance when dealing with this personal situation.

More specifically, conducting a simple Google search for "divorce lawyers near me" isn't always the best approach to finding an attorney to suit your specific needs. Instead, it's recommended that you diligently search for—either online or through word of mouth—and interview a lawyer to see if they can handle your exact situation, whether that involves mediating custody disputes or division of property discussions.

Need some additional pointers on how to find the right divorce attorney for you? Here's a list of 26 questions to ask a lawyer before putting anyone on retainer.

01 of 26

How many divorce cases have you handled?

Hiring a divorce attorney is kind of like choosing a doctor to perform surgery: You don't want to hire someone who's never done this before. And since getting a divorce is stressful enough, the last thing you want to deal with is checking your lawyer's work to make sure they're handling everything correctly. After all, you're the client, and you'll have other things to worry about like the emotional and logistical repercussions that come with the dissolution of a marriage.

02 of 26

How many of your cases were you able to settle out of court?

Ideally, you want to keep your divorce out of the courts to avoid any added drama and a prolonged agreement. That's why finding an attorney who has experience settling divorces out of court is something to keep top of mind.

03 of 26

Do you practice collaborative divorce?

Similar to settling out of court, a collaborative divorce puts the "let's fight!" mentality away so that you and your soon-to-be-ex can reach a reasonable agreement in a non-aggressive way. It's a type of problem-solving technique that keeps the peace during a divorce, and can even allow you and your ex to end on friendly terms.

While keeping your divorce out of the courts may sound ideal, if your spouse is a bully or has a combative personality, settling matters in court is the best way to keep things from getting out of hand.

04 of 26

Do you know my spouse?

If your lawyer is associated with your spouse, that could be a big problem regardless of how your attorney feels about him or her. "Generally speaking, most lawyers will not get involved in a divorce or prenup action if they are familiar with both parties," shares Charlotte Christian, Esq., a celebrity divorce and family attorney and founder of The Law Offices of Charlotte Christian and Associates. And though Christian doesn't recommend immediately writing off a lawyer for knowing your spouse, she does state that you should "seriously consider the depth of their relationship before utilizing their services."

05 of 26

Do you know my spouse’s attorney?

While this question isn't as imperative to ask as many of the others, your attorney's answer to this inquiry is still something to take into consideration. More specifically, if both attorneys were in one seminar together during their first year of law school, feel free to proceed with your lawyer. However, if they were roommates in law school, you might want to consider hiring someone else.

06 of 26

Are you familiar with local family court judges?

Before you hire an attorney, you want to make sure they know your local judges' reputations and the directions in which they tend to rule. For example, if the judge assigned to your case tends to be lenient with custody, and you're seeking sole custody, you'll want your lawyer to be aware of this so that they can plan a strong strategy.

07 of 26

Do you believe it's better to mediate and negotiate rather than go to trial?

The most important factor when it comes to hiring a divorce attorney is being on the same page with the way they handle their business. If you want to mediate and negotiate, but your lawyer is dead-set on going to trial, that disagreement could impact your case's success.

08 of 26

Do you have experience negotiating financial support or settlements?

Child or spousal support, large financial settlements, or business valuation are all bound to come up in any divorce case involving children or businesses. Thus, you want to make sure your lawyer knows what they are doing in these specific areas.

09 of 26

Will you or another attorney from the firm be handling my case?

You're likely hiring a specific attorney because you agree with their way of doing things. So, before you put them on retainer, make sure they'll be with you from start to finish. The last thing you want is for your case to be handed off to other lawyers in the firm.

10 of 26

Can I meet anyone else who will be involved in handling my case?

If your case is complicated and needs to be looked after and worked on by multiple people, make sure you get to meet everyone who will be involved throughout the process. Your future is in their hands, in a way, so being acquainted with the entire team is definitely essential.

11 of 26

Are you available via phone or email?

Divorces are not a one-and-done type of situation, so if something urgent comes up and you don't believe you can wait until your next scheduled appointment, you'll want to know if you're able to connect with your attorney on the phone or by email. What's more, another question to ask is whether or not you'll be billed for this communication.

12 of 26

Do you have a heavy case load?

"Asking a lawyer about his/her caseload is not only appropriate, but is a necessary question. When you retain an attorney, make sure you have a clear understanding of how much time you can expect to be spent on your issues," shares Christian. "Our firm intentionally keeps the attorney's caseload smaller so we can provide more value and individual care to our clients. If you are one of 50, you have to know that there are very few hours that can be spent on your issue if 49 more people are requiring attention from the attorney."

13 of 26

Will I receive copies of documents filed with the court?

Make sure all communication with your spouse's attorney and any other documents related to your case will end up in your hands if you need them. After all, it's better to be overprepared than underprepared.

14 of 26

Will I be kept informed of all developments in my case?

As the client, you can decide how involved you want to be when it comes to your divorce proceedings. Some people may wish to be informed of every single developing detail, while others prefer to be kept in the loop on only the bigger things. If you find yourself in the former category, make sure your lawyer will be available and willing to share information with you.

15 of 26

Will you ask my opinion before planning a strategy?

Similar to being informed of any developments in your case, whether or not you want to be briefed on your lawyer's strategy is completely up to you. Just be sure that you and your attorney are on the same page before you hand over the retainer.

16 of 26

What are your personal feelings about joint custody versus sole custody?

Some people aren't entirely sure how they feel about huge, life-impacting decisions—like joint versus sole custody of their children—so having an expert weigh-in can help them make a decision. Since your attorney has likely dealt with this situation on numerous occasions, they could impart some useful information on what goes into custody agreements and which type of arrangement may be best for you and your children.

17 of 26

What is your retainer fee?

Your lawyer will probably volunteer this information without you having to ask because, of course, they want to be sure you can afford their services. However, just in case, get this question out of the way early on.

18 of 26

What is your hourly billing rate?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you're getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown.

19 of 26

Do any fees I pay include the services of any other associates?

If your primary lawyer isn't the only attorney working on your case, you may also be paying for other associates' time. While this is quite common, knowing what you're paying for may ease your mind a bit.

20 of 26

If my case goes to divorce court, will there be extra fees?

Every firm has different policies when it comes to going to court. With that in mind, it's not uncommon for extra fees to be tacked on if your case does get placed in front of a judge—so be sure to ask if these fees will apply to you.

21 of 26

Will I sign a contract outlining the fee arrangement?

A fee arrangement essentially means that your lawyer won't start charging you for additional services once you hand over a retainer and sign a contract with them. While everyone has their own feelings about signing a fee arrangement contract, we tend to think it's a good idea.

22 of 26

Will I be sent itemized bills?

"At the beginning of your onboarding, make sure you have an understanding of what billing will look like. Your entire strategy should be delivered via your billing—meaning you should understand by viewing an invoice exactly what your legal team did that week for you to further your case," advises Christian. "There should never be an invoice that says 'Phone call'. The invoice should explain the phone call, why it was necessary, and what happened on the call. Do not wait until you receive an invoice to understand what the billing model will provide."

23 of 26

Will I be updated on how the retainer fee is used and when it is used up?

This is definitely something you should discuss with your lawyer before hiring them, since some attorneys look at a retainer like a deposit, while others will tack on another retainer if you use up all your fees before the case is closed. This doesn't matter to some people, but if it does to you, be sure to bring it up early.

24 of 26

Will you petition the court for my spouse to pay my attorney fees?

If you are financially dependent on your soon-to-be ex, you may want to consider finding a lawyer who will petition the court for your spouse to pay for their services. This essentially means you have a fair trial or collaborative divorce.

25 of 26

How much do you charge for letters and phone calls to my spouse’s attorney or me?

An hourly rate is common among lawyers because you're paying for their time, and some days may be exceedingly busier than others. That's why it's good to know whether or not you'll be paying for everything your attorney is working on for you.

26 of 26

Will there be other costs?

Hidden costs are truly the worst, so make sure to ask your lawyer about every possible fee you may incur, including court filing fees and process server fees. While some lawyers include these costs in their general fees, others ask you to pay them separately.

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