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Your First Meeting with a Divorce Lawyer

  • If you’ve decided to divorce your wife or have been served with a divorce petition, one of the first things you may want to consider is hiring a divorce lawyer to help protect your interests and rights throughout the divorce process.

    State divorce laws vary and can be complex – especially depending on your specific case. With the help of a divorce attorney, you can learn more about local laws and work to make sure your rights and your children’s rights are protected.

    Don’t just hire any divorce lawyer – do your homework. You may want a divorce lawyer that has a reputation for being hard-nosed in court and winning cases, but you may also want a divorce lawyer who is willing to work closely with you on your case and makes you feel comfortable.

    What Questions Do I Ask My Divorce Lawyer?

    Probably one of the most important questions you can ask your divorce attorney right off the bat is: What are your fees, and can you give me a cost estimate for my divorce case?

    If the attorney can’t answer that question, you may want to consider talking to one who can. Divorce can be very expensive, and it’s good to know at least an approximate cost up front.

    Some other important questions you can get out of the way in your first conversation with a divorce lawyer include:

    1) Tell me about your experience in divorce law.
    2) Do you take a more combative or cooperative approach in divorce cases?
    3) How long have you been practicing divorce law in this county?
    4) Are there alternatives to divorce court?
    5) How often do your divorce cases go to trial?
    6) Do you have associates or other staff that will be working on my divorce? How will you bill for them?
    7) What can I expect to get out of my case regarding marital property, alimony, child support, and custody?

    You will want to hire your own divorce lawyer and not share a divorce lawyer with your spouse. It is generally considered unethical for a divorce lawyer to represent both sides in a divorce, because it’s almost impossible for an attorney to adequately represent two individuals who have opposing interests.

    Although you and your spouse will probably have some common interests, such as the health and welfare of your children, you will also probably have opposing interests. Protect your rights and get as much out of your divorce as possible with the help of your own divorce lawyer.

    What Might My Divorce Lawyer Ask Me?

    Of course you’ll have plenty of questions for your lawyer, and your lawyer will also have plenty of questions for you.

    Some things you might expect your lawyer to ask right away are:

    1) Why are you seeking a divorce?
    2) What do you hope to achieve through the divorce, both short- and long-term?
    3) What is the cause for divorce, and is one party at fault for the divorce (ie an affair)?

    You will likely need to be prepared to share a lot of personal information with your divorce attorney. Your attorney will probably ask about any debt you and your spouse have; your income; state of mental and physical health; any pending lawsuits; and information about any previous marriages, among other details. It is important that you be truthful and up front from the beginning, the worst thing you want to happen is to hold back any information that your soon to be ex will surprise him/her with in court. That is the quickest way for you to lose the trust of your own attorney, something that can be very detrimental to your divorce case. Think about it, how are you going to receive the best legal representation if your own divorce lawyer doesn’t trust you?

    If you are in the beginning stages of divorce, talking to an attorney can be a good first step to take. Your divorce attorney can help you along the sometimes difficult, often emotional road of divorce.

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