Consider attorneys who are well-versed in finance and property laws if you and your spouse have shared bank and/or investment accounts, own property and/or have other joint assets. Seek out an attorney experienced at handling marital contracts if you and your spouse entered into a prenuptial agreement before marriage. Consider hiring a trial attorney if your decision to divorce is not amicable. Messy divorces, especially when children and substantial assets are involved may have to go to trial, especially if you and your spouse are not on the best of terms.
Ask specific questions about your friends’ experiences communicating with the attorney. Helpful questions that you should ask include: Does the referred attorney promptly answer emails and phone calls? Is the attorney’s staff friendly, knowledgeable and easily accessible? How was the attorney in court – did he or she seem comfortable communicating with the other attorneys and the judge? Were all terms clearly spelled out and all questions answered prior to the attorney requiring a retainer? Would your friend select this same attorney if they were in the same situation again? Were your friends’ cases settled in the agreed-upon timeframe or did the attorney tended to drag things out?
Some state bar associations also have certification programs for experienced family law attorneys that have to meet specific experience requirements, pass a written exam and be recommended by their peers. These are typically very experienced and qualified. Many state bar associations will allow you to search for these attorneys.
Before calling you should research each prospective attorney online and write out a list of questions for the attorney. You have a limited amount of time with each lawyer, so make each question count. Some questions you should ask include: Does the attorney know your spouse? How long the attorney has the attorney been practicing family law? You should look for someone who has practiced for at least three to five years. How many divorce cases does the attorney handle per year? You want to hire someone who spends at least 50% of his or her time doing divorce work. Is the attorney familiar with the area’s family law court judges? Knowing the judges who will handle your case is a plus - the judges will be more likely to like the lawyer and trust what he or she says. Also ask any questions related to your specific situation. The attorney should not have any problem answering any questions you may have, and should not sound hesitant or unsure. However, if your particular issue is complicated or extremely rare, it is possible that some attorneys may have to research the specifics of domestic relations law in your state and how they would apply to your case.
Aside from experience and strong knowledge of family law, choose an attorney who you think that you would get along with and like working with. If the attorney makes you uncomfortable in any way or seems dismissive of your case or your situation, you should choose someone different to represent you. If more than one attorney has the qualifications you are looking for, you should choose the one that you feel the most comfortable with.
Usually, if the divorce is not complicated and will not be contested, you can negotiate a flat fee arrangement with your attorney. A flat fee is where you pay the attorney an agreed upon price for the whole divorce, regardless of the actual number of hours the attorney spends. On the other hand, if you think that your divorce will be contentious, or if you and your spouse have lots of property that must be split up, your lawyer may want to charge you by the hour. If you think that you will struggle with paying an attorney, check out Wikihow’s guide on hiring a lawyer when you have a low income.
