Top Questions to Ask Your Divorce Attorney

1. How long will my divorce take?

The timeline for the duration of your divorce can vary immensely depending on the complexity of your case. It will depend on whether your divorce is contested, uncontested, or a specialty case, and whether you and your spouse can reach common ground on certain issues. Here, you must inform your attorney about the details of your marriage, including its duration, any assets and debts incurred, and your role in your children’s upbringing, as well as their involvement in the extended family or their community, as applicable. Supplying these details to your divorce attorney at JOS Family Law can help them get a clear picture of your divorce’s timeline while helping you prepare mentally and financially for the journey ahead. Depending on the type of your divorce, you can expect:

• Uncontested Divorces: In this type of divorce, both parties agree on all major issues, and hence this can be finalized relatively quickly, taking barely weeks to a few months.
• Contested Divorces: Herein, both parties do not agree on key issues such as property division, custody, and support, and therefore these divorces tend to be much more prolonged, expensive, and highly litigious. Such divorces often require mediation or even a court trial, which may extend the process by months to even a few years.

When you know what to expect in terms of timing, you can help reduce stress and plan for the next steps of your divorce.

2. What is your experience with divorce?

Experience matters when it comes to family law cases, especially divorce. The experience of your attorney becomes even more important when your divorce is highly contested or litigious. If your divorce goes through trial, your lawyer will have to:

• File motions and prepare legal arguments
• Present evidence to the court
• Make objections to the evidence
• Conduct direct examinations and cross-examinations

By directly asking your lawyer about their experience with divorce cases, you can be assured that your case will be dealt with professionally to achieve satisfactory outcomes regardless of its complexity. JOS Family Law has 55 years of combined experience dealing with divorces of all types of complexity, from amicable separations to high-asset divorces. When you join hands with us, your case will be met with the highest degree of expertise and skills that our competent lawyers have to offer.

3. Can you outline the strengths and weaknesses of my case?

Our seasoned attorneys at JOS Family Law will help you with an honest assessment of your divorce, highlighting areas that have a strong position or other areas that might need more support or negotiation. For instance, if you have maintained all your financial records to date, this could be your strength in asset division. On the other hand, if you lack evidence for certain claims, that might be your weakness. Understanding what may count as a strength versus what may be seen as a potential weakness can help you to address vulnerabilities, increasing your odds of a favorable outcome. Our lawyers will equip you with the insight for what lies ahead and empower you to make better-informed decisions.

4. What divorce procedures are followed in my state?

Laws and procedures regarding divorces, child support, alimony, and other issues of family law differ from state to state. Your divorce attorney should be extremely proficient in the knowledge of divorce laws in the state, for them to be able to guide you effectively. These are some of the questions you must ask your attorney during your consultation with them:

• How will the divorce proceedings be initiated?
• How does my state address child custody and visitation?
• How is child support and spousal support calculated in my state?
• How does the court separate personal property from marital property?
• How long will I have to wait for the divorce to be finalized by the court?

5. How do you handle cases like mine?

Every divorce is different. While some may involve contentious custody battles, others may be more focused on high-asset property division. Some may be simple and amicable, others may be highly complicated. Divorces can address many issues, including child custody and visitation, the division of community property, child and spousal support, domestic violence restraining orders and relocation matters, among others.

You should know whether the attorney you choose can successfully handle your case. Make sure you mention the unique elements of your case, especially if it involves high-asset property division or special needs children.

6. What is your strategy for my case?

It goes without saying that during an initial consultation, your attorney may not have a fully-formed strategy. However, based on the preliminary assessment of your case, they can still provide you with some insights. It would help you to ask your divorce attorney to discuss your case’s strategy in general terms. Additionally, you may ask whether the strategy will be pursued, or you may give your approval before it does.

7. Do you have experience handling high-conflict divorces?

Your attorney should know how to handle the nuances in a high-conflict or contentious divorce. At JOS Family Law, our highly qualified and experienced attorneys can navigate all disputes seamlessly, prioritizing your rights, interests, and options while trying to reach a resolution. Often, divorces involving child custody and financial asset division tend to be highly contentious, and JOS Family Law has 55 years of combined experience handling such delicate cases with ease. We have the ability to manage high-stress situations and de-escalate conflicts to protect your interests in reaching a favorable outcome.

8. How do you handle child custody cases?

Child custody is often the most disputatious aspect of any divorce and handling it requires care and precision. Courts often decide in favor of the child’s “best interests,” taking into account several variables. Your attorney should be fully capable of navigating complexities and advocating for your child’s best interests. At JOS Family Law, we have helped our clients achieve favorable custody arrangements and visitation schedules, and helped families maintain harmony during their ongoing divorce process.

9. How do you manage property division and assets?

The division of property and assets is another contentious issue in most divorces. Your attorney should have a systematic approach to valuing and dividing marital assets to ensure an equitable distribution. This is of particular relevance in California, which is a community-property state, meaning that assets are divided 50/50 between both spouses. Your lawyer may even work with financial experts to accurately appraise assets and negotiate settlements that reflect your contributions and future needs.

10. How much will my divorce cost?

This is one of the most common concerns when filing for a divorce. Divorces can be highly expensive, especially if they are contentious. You must ask your attorney how much they charge for their services, including their hourly rate, rates for the support staff, and any retainer fee, if applicable. Other expenses associated with a divorce include:

• Court filing fee
• Expert fees, such as those of financial forensic experts
• Mediation costs (if applicable)
• Child custody evaluator costs

Make sure you ask our compassionate attorneys at JOS Family Law whether there are any ways to minimize your costs. Alternative Dispute Resolution methods, such as mediation, can help resolve separation issues much more affordably, and we might suggest it to ease your financial burden. Moreover, our experienced attorneys only quote an upfront fee without any hidden costs, maintaining complete transparency about their fee throughout your consultation with JOS Family Law.

11. How can I protect my financial interests?

You must ask your divorce attorney how you can best protect your finances before you initiate the divorce proceedings against your spouse. Some of the primary considerations for your finances include:

• Joint credit cards or bank accounts
• Your property’s fate upon moving out
• Preventing your spouse from wilfully spending money or reducing marital assets
• A restraining order to prevent harassment

Every divorce has its own unique issues. When you discuss your finances and other aspects of your divorce in detail with your attorney at JOS Family Law, they may provide guided instructions on how to ease your financial worries in your case.

12. What documentation will I require for my divorce?

You would require essential documents that will help buttress the equitable distribution of assets, determine the exact amount required for child and spousal support, and assess each party’s income and assets. Our seasoned experts at JOS Family Law, with experience in the financial and legal aspects of a divorce, can help you provide an exact list of documents you might need to procure. Meanwhile, some common documents that are routinely demanded from all parties in a divorce include:

• Financial Records: Bank statements, pay stubs, tax returns, investment account information, and W-2’s
• Property Records: Mortgage statements, appraisals, and deeds for any real estate owned by you and your spouse.
• Debt Information: Loan documents, credit card statements, and other evidence of any outstanding debts.
• Retirement Accounts: Statements from any 401(k), IRA, or pension accounts that may need to be divided during the divorce.

By compiling a list of required documents early in the process, you can help your attorney build a strong case and expedite the process.

13. How frequently will you be in touch with me?

Your attorneys should give you timely updates about your divorce proceedings, being proactive in their communication with you. Unlike JOS Family Law, which stays open for constant communication 24/7, there are law firms that may skip your phone calls during the most crucial moments of your ongoing case. Make sure you ask pointed questions like the ones given below to ensure that you hire attorneys who don’t take your case lightly.

• Will the communication be made directly with the lawyer or through their team?
• What mode of communication, among phone, in-person consultations, or electronic, do you normally use?
• How soon do you respond to a missed call?
• How will you approach my case?

By asking the questions above, you can ascertain that your prospective lawyer’s working method will be aligned with your goals and objectives. If you are anticipating a highly contentious divorce, you would need an aggressive lawyer who will advocate for you relentlessly while giving you constant updates in your case. However, if that lawyer displays similar aggression in an otherwise amicable separation, that may seem to be too counterproductive for your own good.

14. How long do you normally stay with your clients?

Divorce is rarely a one-off event, as even after receiving the decree, there may be modifications to the order, especially if your income changes, you move away from your family’s location, and your kids' priorities and needs change. In such a scenario, you would want a long-term divorce attorney who would stay with you to represent you in post-judgement matters, such as changes to child & spousal support as well as custody. At JOS Family Law, we stand with you every step of the way to ensure that you receive the help with changes in your family.

15. What methods have you used to resolve cases?

Divorce matters can be resolved through several ways, not necessarily involving a bitter court battle and the finalizing decree of a judge. Some ways in which divorces can be resolved include:

• Litigation: This is the traditional method, which involves arguing your case before a judge who then decides the future course of events depending on the evidence presented.
• Mediation: This is an amicable way of divorce resolution where a neutral third party, called the mediator, helps both spouses reach an agreement.
• Negotiation: Both parties work to reach a settlement agreement without arguing in court.

JOS Family Law’s divorce attorneys are highly proficient in all three methods and can apply one of the above based on your goals and requirements. Whether you want the privacy and cooperation of mediation or have a case that requires aggressive litigation, our competent divorce lawyers can help with both.

16. Do your divorce cases often go to trial?

While most divorces can be resolved through negotiation and mediation, you benefit from the trial experience of your attorneys. If your attorney has experience winning cases in the courtroom, it reflects their knowledge of local laws, trial procedures, and advocacy. Thus, your attorney can leverage their courtroom experience to ensure that your spouse’s lawyer does not pressure you into a deal that bypasses your rights and interests.

17. Can you handle post-divorce modifications?

Your life can change, and so can the divorce decrees passed by a judge. Most divorces, are therefore, not open and shut cases but rather modifiable depending on either parent’s circumstances. Thus, post-divorce modifications, such as changes in custody or support, can arise. Make sure you ask your attorney in your initial consultation about their experience with handling post-divorce modifications so that you can better navigate them if and when they do arise. Your attorney may offer strategies for negotiating the modifications or represent you if that’s necessary, ensuring that your post-divorce modifications are handled fairly and efficiently.

18. What if my ex-spouse does not comply with the divorce terms?

Non-compliance with the divorce terms can be problematic for a spouse. A divorce decree is legally enforceable, and your attorney should have the right strategies in place to enforce the decree. Non-compliance can involve legal actions such as contempt of court or enforcement proceedings, providing you with the ability to uphold your rights and terms.

19. Can you share some of your past successful cases?

Asking about an attorney’s past successes helps you gain insight into their track record and capabilities. This especially comes in handy when your own case is highly contentious, dealing with child custody, child support, or high-asset division. It would help you to know whether your attorney can make resolutions in your favor while working in the “best interests of the child” or ensure that your marital assets are divided equitably. Successful cases highlight your attorney’s ability to handle diverse and challenging divorce situations, giving you confidence in their expertise and approach.

20. How well are you aware of the local family court procedures?

Try to find an experienced attorney who has ample knowledge of how the local family courts work and how they generally rule. This can come in handy for your case, especially if your lawyer has ample experience with how the judge may rule in your particular case. For example, if the judge tends to be more strict in custody rulings, your attorney can help you navigate your case if it deals with the same situation.