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Several factors should be considered in the process of choosing a divorce attorney. In any divorce situation where the welfare of a child is involved, having the guidance of an experienced attorney is crucial. Division of complicated assets such as real estate and businesses will also require an expert. A law firm can represent either the husband or the wife in a divorce, but not both.
The first meeting with an attorney should be a consultation to discuss the situation, ask qualifying questions, and get an idea of the timeframe and the process, not necessarily to actually file for divorce. The attorney should take this time to understand the client's frame of mind and explain an attorney's real purpose: to stop the client from making any hasty, poor decisions and educating the client on how the attorney will work in the client's best interest. You should expect to pay a fee for the consultation.
Couples file for divorce in the county in which they reside, so find a lawyer who is experienced with the judges in your county. Your attorney should be familiar with the divorce and child custody rulings these judges make. Some attorneys will have experience in more than one county.
Solicit lawyer referrals from friends and family. Listen to the experiences each had with his or her divorce lawyer. Going through a divorce is already an extremely stressful and emotionally hard process, so choose a lawyer who is genuinely respectful and interested in a client's well being, not one who is going to get the job done but makes judgmental or belittling comments along the way. Find out how well the attorney communicates. Are phone calls or email returned promptly? Were copies of important documents mailed in a timely manner and did the attorney otherwise keep the client current on the casework? Don't forget to ask these questions during the consultation.
Is this going to be an amicable divorce, or are there already indications that it will get ugly? Often, the more assets involved, the uglier the divorce will get. Choose a law firm that primarily handles family law cases in your geographical area and an attorney who has experience with divorce trials.
How much money is available to pay for the attorneys' retainer fees? Attorneys usually accept credit cards as well as personal checks. They will require a retainer up front to take the case. Each divorce is different. The attorney may charge a smaller initial retainer for a simple divorce and much higher retainer in a complicated divorce. Some firms assign attorneys with less experience, who bill at a lower rate, to handle the simpler cases and assign attorneys with a great deal of experience who command a higher hourly rate to the complicated cases.
Choose an attorney for a divorce with these guidelines and expectations in mind. Bring a list of questions for the attorney to the consultation(s). Choose the divorce attorney that satisfies your qualification and communication standards, is appropriate for the level of complication, makes you feel respected and heard, and who you can afford.
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