Facing a divorce is stressful. Finding the right attorney can add to the stress, especially if your spouse has already engaged an attorney and filed for divorce. Your attorney is an invaluable resource throughout the divorce process. They will answer your questions, advocate for your interests (both in and out of court), and provide support and reality checks to keep you on track for a successful outcome. It is important not just to retain a divorce attorney, but also to choose one who meets your particular needs.
Most people looking for a divorce attorney have never needed one before. Relying on recommendations from family and friends can be helpful. However, different people have different needs, and any lawyer (regardless of their experience) is not a good fit for every client. Here are some questions to ask when interviewing a divorce attorney.
It is important to determine not only how long a lawyer has been practicing family law, but also how much of their practice is devoted to family law matters. Some attorneys spend only a small percentage of their time handling divorce cases. As a result, they may lack the in-depth knowledge possessed by an experienced family law attorney with a proven track record for handling these types of cases. A solid command of applicable law and experience representing clients in the particular court where your case will be litigated are necessary to ensure that your interests will be fully protected. If there has been domestic violence or substance abuse during the marriage, if child custody is contested, or if the marital estate is complicated, your attorney should also have experience in handling these issues.
It is expected that a client will have many questions about the divorce process, some of which can and should only be answered by their attorney. It is important that both your attorney and their staff be responsive to your inquiries.
While it is not reasonable to expect your attorney to be available all the time, it is important to know the best way to communicate with them and when you can expect a response if they are unable to speak with you. You should also know when and how often they will provide updates to ensure that you are kept timely apprised of what is going on in your case.
Some divorce attorneys bill themselves as aggressive “pit bulls”. Others are more focused on resolving cases without going to court, especially if the parties intend to co-parent when the divorce is over. Sometimes a conciliatory approach is best for the situation and, at other times, a more aggressive approach is needed—often at different times in the same case.
A good divorce attorney can respond to your needs and advance your interests at each stage of the case, adjusting their approach as necessary to meet the changing dynamics. It is important to understand how your attorney approaches cases like yours and whether their approach aligns with your needs, your values, and even your budget, as the costs of a divorce tend to rise in proportion to the level of conflict and acrimony.
Litigants in the Probate and Family Court are encouraged throughout the divorce process to compromise and resolve disputes on a collaborative basis. As a result, approximately 95% of family law cases settle out of court and without need for a trial. This means that many family law attorneys have little or no trial experience.
You may ask why that matters, if most divorce cases are settled. It matters because a lawyer who is confident about going to trial is generally a more effective negotiator. They will not agree to terms simply to reach a settlement and avoid a trial. Also, if your case happens to be one of the small percentage of those that do go to trial, an attorney with ample litigation experience will be well equipped to handle it.
It is no secret that a divorce can be very expensive. While some costs are unavoidable, a good attorney can help you minimize them without jeopardizing the effectiveness of your representation. For example, communicating with the attorney by email instead of phone calls whenever possible, or conveying information through staff who may not bill for their time, can minimize the legal fees associated with communication.
Obtaining documents and information for the attorney so they need not be obtained from the other side can help contain costs associated with the discovery process. Oftentimes, simple measures can save hundreds if not thousands of dollars in legal fees. Most importantly, choosing your battles and deciding which issues are worth the fees to litigate them are the best ways to insure that divorce costs are kept in check.
You should ask the attorney how they will keep you apprised of your fees, including how frequently they will bill you and whether expenses will be approved in advance. Transparency can help you understand what your attorney is doing for you and enable you to ask informed questions.
To learn more about what to look for in a divorce attorney, or for representation in your divorce or other family law matter, contact Ouellette Family Law to schedule a consultation.
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