Choosing the right divorce lawyer to attain the results that a married couple needs most is crucial, as it will have a huge impact on life after the divorce. It is important first to understand that divorce is a legal process to resolve issues of joint property, custody, and security of life after marriage. A family law attorney will provide you with the legal representation and insight necessary for your case.
So how do you find the right divorce lawyer?
A good place to start is to ask any relatives or close friends who have been through a divorce. However, note that as every case will always be different, what you hear from a friend may not necessarily apply to yours. If you personally know someone who is a lawyer, ask them to introduce you to a family law lawyer. It may also be worth asking people in your local community who have wide connections within the area, such as those within professions like doctors and social workers, or religious leaders.
If you cannot get a personal recommendation, you can also get recommendations from organizations in the list below; it is advised that you receive contacts for several lawyers that practice matrimonial and family law close to your area.
The American Bar Association – Family Law Section
All lawyers listed in the directory below specialize in family law, and some have specific details about their practice. There is an option to search based on where you live or work.
Divorce Professionals Directory
On the following two websites, you will find profiles and reviews of lawyers by state and specialty. You can find out whether the lawyer specializes in matrimonial or family law by looking at their background information.
Tips for choosing the right divorce lawyer
These eight tips apply to anyone looking to hire a divorce and family law attorney.
1) They should specialize in Matrimonial Law or Family Law.
2) They should have extensive experience with experts in fields related to divorce, such as forensic accountants, business valuators, therapists etc., and be able to introduce you to those experts when needed.
3) Choose a lawyer who has experience in many cases similar to your own.
4) If you choose a lawyer who is familiar with settlements and litigation, you can avoid lengthy court battles, which will ultimately save you effort and expenses.
5) A good lawyer will advise you on whether the other party’s offer is fair and acceptable and will not encourage you to keep fighting to settle personal disputes.
6) You will have to disclose very personal information to your lawyer regarding divorce, and being unable to do so may likely put you at a disadvantage following the divorce. Find a lawyer with whom you feel comfortable communicating openly and honestly.
7) Choose a lawyer who can answer you reliably. It is important that they are transparent about their opinions on topics such as how much the divorce settlement will cost, how the judge may rule your case, if there are any problems or potential holes in your case, and any advantages that you may have.
8) You cannot share the same attorney with your spouse. You may also not choose a relative, friend, or a person whom the spouse has a professional relationship with as your lawyer. Although you may have someone whom you know professionally or a relative represent you, be cautioned that it could potentially lead to conflicts of interest or negatively affect your relationship with them.
As a first step, meet with your lawyer personally and ask them a few questions.
• Do they specialize in family law? If they take on cases from various fields, what is the proportion of family law cases taken compared to taken cases from other fields?
• How much experience do they have as a family law attorney?
• How much do they charge as a retainer fee, and will it be refunded if left over?
• What is their hourly rate, billing schedule, and how will it be billed?
• What is the approximate estimate of the duration and legal fees necessary for your divorce (this will be estimated based on information provided by the client; the more complicated the factors, the longer the duration)?
• If your spouse has already retained a lawyer, do they have previous experience working with that lawyer? Do they think the retained lawyer will be able to work out a settlement together smoothly? Are there any reasons they may not want to work with that retained lawyer?
• Are they willing to litigate your case if the divorce cannot be settled through mediation? (If you are anticipating a difficult divorce, it is desirable to hire a lawyer with extensive litigation experience)
• How often do the cases they take on end up being litigated? (If you anticipate that your case will be carried out smoothly and with cooperation, it is unlikely to end up in court. It is then advised to choose a lawyer with good mediation skills).
• What rights and obligations will come with divorce proceedings?
• Who will be handling your case? (If the law firm they are part of is of considerable size)
• Is your divorce case suitable for resolution through mediation? (Mediation is not an appropriate option if there are issues such as domestic violence or threats involved). Ask them this in the initial stage of your meeting.
• If there is anything in the lawyer’s explanation that you do not understand, be sure to keep asking questions until you are sure you fully understand.
What you should prepare for your first meeting with a lawyer
Prepare documents relating to the couple’s finances, especially income tax returns (for details, see “3.1 If you choose to file for divorce“). This is necessary for the lawyer to get a general understanding of your case.