Top 10 Questions to Ask a Potential Divorce Attorney

Hiring a divorce attorney is about finding a legal professional with the right expertise, communication style, and fee structure for your specific situation. Making the wrong choice can cost you thousands of dollars and negatively affect your case.

Don't just hire the first attorney who pops up in your Google or ChatGPT search results. Do your homework and find a few qualified candidates. Set up initial consultations and then ask each attorney these essential questions to find legal representation that matches your priorities and budget.

Do Your Homework Before the Consultation

Even if you received a referral from a friend or another attorney, research is crucial. Check the attorney's state bar standing, read online reviews, and verify their credentials. Look up their disciplinary record through your state's bar association website—this information is public and could reveal red flags.

Find an Attorney Who Specializes in Family Law

According to Clio, a legal technology company, there are nearly 56,970 family law and divorce lawyers across the United States. Within the area of family law, there are many subspecialties, such as:

• child custody and parenting time arrangements
• international custody law
• high-asset divorce (including dividing retirement benefits), and
• collaborative divorce.

The financial aspects of divorce involve detailed rules about property division, alimony calculations, child support guidelines, and tax implications—all of which change frequently and vary significantly by state.

If you have minimal assets and no children, a less experienced lawyer might fit your needs and your budget (you might even be able to DIY your divorce). But if your divorce is contested and involves allegations of fault, substantial assets, a custody dispute, or other complications, hire a family law attorney with specialized experience and a proven track record.

10 Essential Questions to Ask Before Hiring a Divorce Attorney

Here are some questions to ask during your initial consultation with a family law attorney. These questions are designed to help you determine whether this lawyer is a good fit for you and your case.

1. What is your specific experience with cases like mine?

Listen for examples directly related to the issues that matter to you, such as high-value assets, domestic violence, or child custody and support.

2. What would be your strategic approach to a case like mine?

Don't expect a detailed discussion of your case at this point, but if the attorney starts talking litigation and you'd like to reach a settlement agreement, you might not be a good match.

3. How do you structure your fees and billing?

Ask for fee estimates in writing and understand what circumstances might increase costs.

4. What additional costs should I expect?

Beyond attorney fees, divorce cases often involve court filing fees, process server costs, expert witness fees, and mediation costs. Ask how these costs will be handled and whether you will have to approve major expenses.

5. How do you communicate with clients and what are your response times?

Don't expect to get the attorney's personal cellphone number, but use the hiring process as a gauge of how responsive the attorney is.

6. Who else will work on my cases?

It's not uncommon for lawyers to work with other lawyers (associates), paralegals, and legal assistants. Find out how work is delegated and supervised and if the other team members bill at lower rates. If it's important to you, ask to meet all team members who will be working on your case before you make a final hiring decision.

7. What is your approach to settlement versus litigation?

No matter how angry you are with your ex, you will save time and money and reduce emotional distress if you resolve your case. You want a lawyer who is a skilled negotiator but prepared to battle it out in court if necessary.

8. How familiar are you with local courts and judges?

It's typically best to hire a lawyer who knows the local courthouse culture and who has a good reputation in the relevant legal community.

9. Can you provide references from past clients (with their consent)?

A lawyer might be able to put you in touch with a former client if the client agrees to talk to you. You might also ask around about their relationships with local professionals, such as mediators, child custody evaluators, and financial experts.

10. How can I minimize costs?

Find out if the attorney has any cost-saving strategies that you can take advantage of, such as letting you handle tasks like document gathering on your own.

Making Your Decision

After meeting with potential attorneys, ask yourself:

• Does the attorney's experience align with my needs?
• Do I feel comfortable telling the attorney intimate details about my relationship and finances?
• Do I understand the attorney's fee structure, and are the fees reasonable for my budget?
• Does the attorney's style and approach match my goals for the case?
• Do I trust this person to represent my interests?

The right attorney-client relationship can make the difference between a lengthy, expensive battle and a more efficient resolution that protects your interests and helps you move forward with your life. Take the time to ask the right questions, do your research, and trust your instincts.

Learn more about finding and hiring a divorce lawyer.