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Questions to Ask a Divorce Lawyer

The first question to ask a divorce lawyer or divorce attorney (the two words are used for the same job) is how long they have done this work in the court that will hear your case, and the list starts there. The first two groups, the lawyer and fees, are for the consultation: put them to each divorce attorney you are meeting with before hiring one. The rest follow roughly in the order you will need them, from that first visit to the final order: working together, your case (the routes to a divorce and the steps in order, separation, property, the house, support, custody), first steps after hiring, and settlement or court. If you are only considering divorce, or want to ask a lawyer about separation before anything is filed, those questions sit together under your case.

89 questions

The questions

Each question, and why to ask it

The lawyer

How long have you practiced family law, and how much of that has been in the court that would hear my case?

Why ask it

Years in practice matter less than years doing this kind of work in this courthouse, where the local rules and the clerks' habits are already familiar. If most of that experience was in another county or another field, ask what is different here and how they got up to speed.

Will you be my lawyer, or will the work go to someone else?

Why ask it

In many firms the partner takes the consultation and an associate runs the case. That can work well, but ask to meet whoever will stand next to you in court and answer your emails before you sign anything.

What share of your cases are divorces, and what makes up the rest?

Why ask it

A number tells you more than a yes. A lawyer who spends most weeks on divorces has usually met the local forms and deadlines many times over, and whatever fills the rest of their calendar is what your case would be competing with.

How many cases like mine have you taken to a final hearing?

Why ask it

Settling well and trying a case well are different skills. If yours could realistically be tried, you want someone who has done it rather than someone who has always had to settle.

From what I have told you so far, how would you approach my case?

Why ask it

A first meeting cannot produce a full strategy, but it should produce a first move and a reason for it. Notice whether the plan uses details you gave or would fit anyone who walked in, and ask what they would need to learn before committing to it.

Are you certified as a family law specialist, if that credential exists here?

Why ask it

Some states and countries certify family law specialists and many do not, so a no may mean only that nothing of the kind is offered where you live. Where it is, ask what earning it involved, and weigh it alongside how much of this work they do each week.

Which judges could hear my case, and how do they differ?

Why ask it

Someone who is in that courthouse most weeks can describe how each judge runs a calendar and what they have little patience for, without promising how anyone will rule. A vague answer and a claim to have a judge figured out are both worth noting.

How many open cases are you handling right now?

Why ask it

There is no right number, so listen to how the answer is given. A lawyer who knows the figure and can say who helps carry it is managing a caseload. One who laughs the question off is telling you where your emails will sit.

Have you ever acted for anyone connected to my spouse?

Why ask it

An earlier consultation with your spouse, or work for a business the two of you share, can stop a firm from taking you on, and the rules on that differ by place. Give the full names on the first call so the conflict check is done before you have laid out your whole case.

Do you know the lawyer my spouse has hired, and have you had cases against them?

Why ask it

Two lawyers who have worked opposite each other before may trade documents and proposals with less ceremony, which can mean fewer letters on your bill. Find out how those earlier cases ended, and be wary of anyone who answers by running the other lawyer down.

Could one lawyer handle the divorce for both my spouse and me?

Why ask it

Lawyers are generally not allowed to advise two people whose interests may pull apart, so one of you would be the client and the other would have no one. Ask how couples who already agree usually handle it where you live: one lawyer drafting and the other spouse paying for an independent review, or a shared mediator.

Why should I hire you rather than the other lawyers I am meeting?

Why ask it

Asked plainly, this shows whether they know what they are genuinely better at. An answer about being a fighter tells you less than one naming a specific kind of case they handle often.

Fees

What does this first consultation cost, and does that come off the retainer if I hire you?

Why ask it

Some firms offer a free or fixed-price first visit and others bill it at the hourly rate, so settle it when you book and not when the invoice arrives. Find out how long the appointment runs too, since that decides how many of these questions you will get through.

What is your hourly rate, and what are the rates of everyone else who might touch my file?

Why ask it

Associates and paralegals may do much of the day-to-day work, so their rates matter as much as the headline one. A modest partner rate means little if routine work is billed at almost the same figure by someone junior.

What is the smallest block of time you bill, and what does a two-line email cost me?

Why ask it

Many firms round each task up to a minimum block, so ten short emails can cost more than one long one. Once you know the increment, save up your questions and send them together.

How much is the retainer, and do I get back whatever is left over?

Why ask it

Some retainers are a deposit drawn down as hours are billed, and some include a part the firm keeps whatever happens. Read the engagement letter before you decide, and check that it says in writing what you were told across the desk.

When the retainer is used up, do I have to top it up, and by how much?

Why ask it

Some agreements require the balance to be restored whenever it drops below a set figure, which means a second large payment can fall due in the middle of the case. Have the lawyer point to that clause in the engagement letter, and ask how much notice you would get.

What is your best estimate of the total cost, and what would push it higher?

Why ask it

You want a range with the drivers named: contested custody, a business valuation, a spouse who will not disclose. A flat refusal to estimate says something about how the file will be run.

Which costs are not your fees: filing, mediators, appraisers, experts?

Why ask it

These are charged on top of the lawyer's time, and an estimate may or may not include them. Go down the list and find out which ones a case like yours is likely to need, and whether you pay them as they come up or at the end.

How often will I be billed, and how much detail is on the invoice?

Why ask it

An itemized bill every month lets you question an entry while everyone still remembers the work. Ask to see a sample invoice with the names removed: a line that reads only 'attention to file' gives you nothing to check.

Could any part of this be done for a flat fee or as limited-scope work?

Why ask it

Some firms will price an agreed divorce, a document review or a single hearing as a fixed piece of work, and some places let a lawyer take on only part of a case. If the answer is no, ask which part of your situation makes the cost hard to predict.

Could my spouse be ordered to pay some of my legal fees, or could I be ordered to pay theirs?

Why ask it

The rules differ from place to place and often turn on the gap between your incomes or on how each side behaves during the case. Ask how often the courts near you actually order it, and do not budget around it until it has happened.

If I fall behind on your bills partway through, what happens?

Why ask it

Find out now whether the firm offers a payment plan, stops work, or asks the court for permission to withdraw. It is an awkward question at a first meeting and a much worse one three weeks before a hearing.

Which jobs on my case could I do myself instead of paying your office to do them?

Why ask it

Good answers are specific: sort and label your own statements, write the first list of what you own and owe, divide the small household items without lawyers. If nothing comes to mind, the firm has not given much thought to what this costs you.

If we reconcile or I decide to stop, what do I owe and what do I get back?

Why ask it

Some couples pause or drop a case partway, so this is a fair question and not a sign of doubt. Expect to pay for work already done. What you need to hear is what happens to any unused retainer, and whether a case put on hold can be picked up later or has to be filed again.

Working together

Who do I contact with a routine question, and what does that cost?

Why ask it

It is easy to run up a bill on reassurance without meaning to. A firm that sends routine questions to a paralegal at a lower rate is saving you money, so get that person's name and direct line.

How quickly do you usually reply to a call or an email?

Why ask it

Push for a number of business days rather than 'promptly', and for whether the reply might come from someone other than the lawyer. How long the office took to get back to you about this consultation is a fair preview.

What counts as an emergency, and who answers if you are in court that day?

Why ask it

Agree on the definition before you need it: a child not returned, an account emptied, a threat. Then get the name and direct number of the person who picks up, because a lawyer in the middle of a hearing cannot. If you are in danger, call the emergency services first and the firm second.

How will you keep me updated, and will I get copies of everything?

Why ask it

The useful detail is whether you are copied on letters and filings by default or only when you ask. Reading what goes out in your name is how you catch a wrong date or a misspelled name, and it makes the bill easier to follow.

Which decisions are yours and which are mine?

Why ask it

As a rule the client decides whether to settle and on what terms, and the lawyer decides how to get there. Hear where this lawyer draws that line, and what they would never agree with the other side without calling you first.

Is everything I tell you confidential, and could anything I do undo that?

Why ask it

Ask what happens to that protection if a friend sits in on a meeting, if you forward the lawyer's emails to family, or if you write from a work account or a tablet the household shares. The rules vary by place, and the habits are easier to set on day one than to repair.

What do clients hold back from you that ends up hurting them?

Why ask it

Expect to hear about an affair, an account nobody mentioned, a message sent in anger or an old arrest. A lawyer can plan around nearly anything they hear from you first, and around very little they first hear from the other side.

Can my spouse and I keep talking directly about terms, and what should go through you?

Why ask it

Sorting out the furniture and the holiday calendar between yourselves can keep a good many hours off the bill. Ask where the line sits, since a promise made casually in a text can be hard to walk back.

If I wanted to change lawyers partway through, how would that work?

Why ask it

The practical parts are how you would get your file, what you would owe at that point, and whether a court would have to approve the change close to a hearing. A lawyer who answers without bristling is easier to leave, and usually easier to stay with.

Your case

Which two or three facts in my situation will matter most?

Why ask it

Cases usually turn on a small number of things: length of marriage, who earns what, where the children live, when an asset was acquired. Knowing which ones lets you focus your effort and your documents.

Having heard my situation, what is my weakest point?

Why ask it

A lawyer who has listened can name one. If all you hear is encouragement, ask what they would argue if your spouse had hired them instead, and write the answer down: those are the points your documents will need to meet.

What does a reasonable outcome look like here?

Why ask it

Compare this answer across everyone you meet. Be careful with the one who promises noticeably more than the rest, because that may be selling rather than assessing.

Can I file for divorce here now, or is there a residency rule or a separation period to meet first?

Why ask it

Many places require one of you to have lived there for a set time before a court will take the case, and some require a period apart before filing or before the final order. If either of you moved recently, raise it early, because a case opened in the wrong place may have to be opened again somewhere else.

Do I need grounds for a divorce here, and would my spouse's behavior change the outcome?

Why ask it

Where no-fault divorce is available, an affair may have little bearing on whether the divorce is granted, yet conduct can still come up if marital money was spent on it or the children's safety is in question. Ask what difference it makes locally before you pay anyone to prove it.

What are the routes to a divorce here, and what does each one tend to cost?

Why ask it

The usual list is an agreed filing, mediation, a collaborative process and a contested case in court, though not every place offers all four. Ask for a cost range on each for a couple in your position, and which of them this lawyer takes on, since some firms only litigate.

Is my divorce likely to be uncontested or contested, and what does that change?

Why ask it

The label usually depends on whether the two of you agree on everything that has to be decided, and one open issue can be enough to move a case onto the slower, costlier track. Ask which points the lawyer expects to be argued, and what it would take to settle those before filing.

What are the steps between filing and the final order, in the order they happen?

Why ask it

A common sequence runs from filing and service through financial disclosure and any temporary orders to negotiation or mediation, with a trial only if those fail, but the names and the order change from court to court. Write the steps down with a rough date beside each, and mark the ones where you have to do something yourself.

What is the realistic timeline, and which parts of it are outside anyone's control?

Why ask it

Court calendars, mandatory waiting periods, and the other side's cooperation set much of the pace. Knowing which delays are structural keeps you from reading every quiet month as neglect.

I am only considering divorce and have not decided. What should I understand before I do?

Why ask it

A lawyer can describe what filing would set in motion, roughly what it would cost and which steps are hard to reverse, without pressing you to begin. Say at the start that you are gathering information, and notice whether the tone changes once they know there is no case to open yet.

Would a legal separation make more sense for us than a divorce?

Why ask it

Not every place offers one. Where it exists it can settle money and parenting while leaving you legally married, which some people want for reasons of faith, insurance or immigration. Ask what it would and would not protect you from, and whether it can be turned into a divorce later without beginning again.

What counts as being separated here, and can we be separated while still living in the same house?

Why ask it

Some places accept separate lives under one roof and others expect separate addresses, and the definition can decide when a waiting period starts to run. Ask what a court would look at if it were ever questioned: who sleeps where, how the money is handled, what the two of you have told family.

Should we put the terms of our separation in writing, and would a court hold us to that agreement later?

Why ask it

A separation agreement can record who stays in the home, who pays which bills and where the children are during the time apart. Whether it has to be filed or approved to count, and how far it carries into a divorce, depends on where you live, so ask before you sign something drafted at the kitchen table.

While we are separated and nothing has been filed, can either of us ask for support?

Why ask it

With no case open there may be no order telling anyone to pay anything, and an informal arrangement can stop without warning. Ask whether support can be requested during a separation where you live, and how money you hand over voluntarily now would be counted afterwards.

With no court order yet, what governs where the children stay while we are separated?

Why ask it

In many places both parents keep an equal say until a court rules otherwise, which can leave nobody able to insist on a handover day. Ask how it works locally, whether a written schedule for the separation is worth having, and what to do the first time it is ignored.

Do I need a lawyer for a separation at all, or only if it becomes a divorce?

Why ask it

If nothing is being filed, the honest answer may be an hour of advice and a read of whatever the two of you write down. Ask what that limited help would cost, and which decisions made during the time apart are the ones worth paying for advice on.

How does the law here treat the property we own, and does it matter whose name it is in?

Why ask it

The rules change from one place to the next, and the name on an account or a deed may count for less than you expect, or for more. Bring a list of anything owned before the marriage, inherited, or held by one of you alone, and go through it item by item.

How do we put a value on the house, a pension or a business, and who pays for the valuation?

Why ask it

An appraiser, an actuary or a business valuer may be needed, and the fee can be shared, carried by one of you or argued over. Ask whether the two of you could agree on one neutral expert instead of hiring one each, and which date the value is fixed at, since a house or a business can be worth something different by the end of the case.

Who is likely to keep the house, and what happens if neither of us can afford it alone?

Why ask it

The usual routes are one of you buying the other out, selling and splitting what is left, or putting off a sale until a set date such as the end of a school year. Before you argue for the house, check whether you could carry the mortgage on your own income, since that part is the lender's call and not the judge's.

How would our retirement accounts and pensions be divided?

Why ask it

Savings built up during the marriage are often on the table even when the account carries one name, and the split may need its own court order sent to the plan. Find out who drafts that order, what it costs, and whether it gets done before the case closes or is left for you to chase.

Who will be responsible for the debts, including cards and loans in only one name?

Why ask it

A divorce order can say which of you pays a debt, but the lender was never part of the case and may still pursue whoever signed. Ask whether joint debts can be paid off or moved into one name as part of the settlement, so that your credit does not depend on a promise.

We have been living apart for a while. Does the date we separated change anything?

Why ask it

In some places what each of you earned, saved or borrowed after separating is treated differently from what came before, and in others the date carries little weight. If it matters where you live, find out what would show the date should the two of you remember it differently: a lease, a change of address, a dated message.

We signed a prenuptial agreement. How much of this does it decide?

Why ask it

Bring the signed copy to the consultation, since a lawyer can say little about a document they have not read. Ask which parts a court here would be expected to follow, which it might set aside, and whether challenging it would cost more than it could gain you.

How is child support calculated here, and roughly what does that look like in our case?

Why ask it

Many places publish a formula or worksheet for child support, so a lawyer can often run rough numbers at a first meeting. Get the inputs as well as the figure: whose income counts, how the parenting schedule and costs such as childcare feed in, and what would change the number later.

Could I be ordered to pay alimony, or could I ask for it, and how long does it usually last?

Why ask it

Support for a spouse tends to leave more to the judge than child support does, and what counts differs by place: the length of the marriage, the gap in earnings, years spent out of paid work. Ask for a likely range and duration instead of one figure, and what would bring it to an end early.

How do courts here approach custody and parenting time?

Why ask it

Even the vocabulary changes by place: custody, parenting time, conservatorship, time-sharing. Find out whether there is a usual starting point where you live, and what schedules families with children the age of yours tend to end up with.

If we cannot agree about the children, who decides, and what do they look at?

Why ask it

Find out which standard the court applies where you live and what tends to carry weight there: who has done the daily care, each parent's working hours, an older child's wishes. Where a custody evaluation or a separate lawyer for the child is possible, ask what triggers one, what it costs and how many months it adds.

What happens to health insurance for me and the children once the divorce is final?

Why ask it

Coverage you get through your spouse's employer may stop on the day the marriage legally ends, and replacing it can be expensive. Ask what the options are where you live and who would be required to insure the children, then get a price before you agree to a support figure.

Does it matter which of us files first?

Why ask it

In some courts it settles little more than who pays the filing fee and who speaks first at a hearing. Where spouses live in different counties, states or countries it can decide where the case is heard, so ask which applies to you before treating it as a race.

If my spouse handles all the money and I do not know what we have, how do we find out?

Why ask it

The tools depend on where you live and may include sworn financial statements, subpoenas to banks or employers, or a forensic accountant, each with its own cost. Ask too where the search stops being worth it: a small hidden account can cost more to find than it holds.

What will the different ways of dividing things cost each of us in tax?

Why ask it

A house, a retirement account and a cash payment with the same face value can be worth different amounts once tax is counted. A divorce lawyer should either walk you through that or tell you when to bring in an accountant, before you agree to any numbers.

First steps

What should I do, and stop doing, starting today?

Why ask it

Expect a short, practical list, usually about not moving money, not emptying a joint account, not posting about the case, and keeping up the payments you already make. Get it before you act, because some of these are hard to undo.

Which documents do you want first, and which can wait?

Why ask it

Collecting your own statements and tax returns costs you an evening, and having the firm chase them costs you billed hours. Get the order of priority so the first deadline is not held up by something you could have printed at home.

What should I do about our joint bank accounts and credit cards right now?

Why ask it

Closing or draining an account can look like hiding money, and leaving every card open can leave you answerable for new spending. Ask what is allowed where you live once a case is filed, and whether an account in your own name for your pay is a sensible first step.

I have already been served. What is my deadline to respond, and what happens if I miss it?

Why ask it

The deadline comes from local rules and keeps running whether or not you have found a lawyer. Bring the papers to the consultation and ask this before any conversation about strategy or fees.

Should we ask the court for temporary orders on support, the house or the children while the case is open?

Why ask it

A case can run for months, and temporary orders decide who pays which bills and where the children sleep in the meantime. Arrangements that work during the case have a way of carrying into the final order, so ask what to request, how soon a hearing could be had, and what it would add to the bill.

Should I stay in the house or move out while this is going on?

Why ask it

Leaving can change how your time with the children looks to a court and who ends up paying for two households, and how much it matters depends on where you live. Get the answer before you sign a lease. If you want to leave because you do not feel safe, say that first, because it changes the advice.

Can either of us travel or move away with the children while the case is open?

Why ask it

Some courts restrict taking children out of the area once a case is filed, and a move made without agreement can count against the parent who made it. Check the rule where you live before you book a trip or accept a job elsewhere, and ask what written consent from the other parent ought to say.

Could my texts, emails and social media posts end up as evidence?

Why ask it

Assume the answer is yes and ask what follows from it: what to stop posting, whether deleting old messages would make things worse, and which shared passwords and cloud accounts to separate. Ask before you tidy anything up.

Am I allowed to change my will, beneficiaries or insurance while the case is open?

Why ask it

Some courts freeze these the moment a case is filed and others leave you free to act. Ask what is permitted now, and make a note of what to change the week the divorce is final.

Does it matter if I start dating before the divorce is final?

Why ask it

How much it matters legally depends on where you live and on whether children or support are in dispute. Even where the law is indifferent, ask what it tends to do to the temperature of a negotiation.

My spouse may react badly to being served. How do we plan for that?

Why ask it

A careful lawyer will ask about the time and place of service, where you and the children will be that day, and whether a protective order is worth discussing. If you are worried about your safety, say so early and in plain words.

Settlement and court

How do you prefer to resolve cases?

Why ask it

Some lawyers negotiate first and file as a last resort, others do the reverse. Neither is wrong, but a mismatch with what you want will cost you either money or ground.

If I want to keep this out of court, what would you do differently?

Why ask it

The answer should come as concrete steps: a letter proposing terms before anything is filed, an early exchange of financial documents, a mediator both sides would accept. A lawyer who cannot describe that route in detail is unlikely to run it well for you.

Would mediation suit our case, and what actually happens in one?

Why ask it

Some courts send couples to mediation before they will set a trial date, and others leave the choice to you. Ask who picks the mediator, whether your lawyer sits beside you, how the fee is shared, and at what point an agreement reached there becomes binding.

How do you handle it when the other side is uncooperative or will not respond?

Why ask it

Listen for a process rather than a temperament: deadlines, motions, and whether the court here can finish a case without a spouse who never answers. A case can sit for months when nobody has a plan for silence from the other side.

How likely is it that my case goes to trial, and what would a trial add in cost and time?

Why ask it

You will probably hear that most divorces settle, so push past the general answer to yours: which issue is most likely to need a judge, and why. A rough figure for the trial itself gives you something to weigh every offer against.

When an offer comes in, how will you help me decide whether to take it?

Why ask it

You want the offer set beside a realistic result at trial, with the fees and the months a trial would add written into the comparison. A lawyer who only says take it or fight it is leaving out the arithmetic you need.

When did you last tell a client that a fight was costing more than the thing was worth?

Why ask it

A real example, with the item and the rough numbers, shows they do that arithmetic for clients. People spend more on a sofa or a week of the holidays than either is worth when nobody stops to price the argument.

Will I have to testify, and how would you prepare me?

Why ask it

Plenty of cases end without the client speaking in a courtroom, but a deposition or a temporary hearing can still put you under oath. Ask whether preparation means a full practice session or a quick word in the hallway.

Which terms in a settlement would be hardest to enforce if my spouse stopped cooperating?

Why ask it

Agreements tend to fail in the vague places: a house to be sold at some point, a payment with no due date, a debt one person promised to refinance. Ask how each of those can be written with a deadline and a consequence.

What should our agreement cover now so that we are not back in court in a few years?

Why ask it

Second cases tend to grow out of things the first agreement never mentioned: a parent who wants to relocate, a child's university costs, a new job that alters support. Go through that list for your own family and ask which items can be settled in the document today and which the law here keeps open whatever you sign.

Can support or the parenting schedule be changed after the divorce is final?

Why ask it

In many places those terms can be reopened if circumstances change substantially, while the division of property is usually much harder to revisit. Knowing which is which tells you where a compromise made today can be corrected later and where it cannot.

Can my name change be handled as part of the divorce?

Why ask it

In many places a return to a former name can be written into the final order, which saves a separate court process later. Ask what the wording has to say, and whether you can still decide after the case has closed.

What still has to be done after the judge signs, and is that part of your engagement?

Why ask it

Retirement accounts, house titles, car registrations and insurance usually need their own paperwork after the decree, and people lose track of it. Ask who does each item, by when, and whether the fee you have discussed covers that work.

Choosing and working with a divorce lawyer

Practical guidance for the conversation itself

Which questions to ask when

At the consultation, before hiring anyone

The lawyer and Fees are for comparing lawyers, so put the same ones to everyone you meet. Add the first three under Your case (the facts that matter most, your weakest point, what a reasonable outcome looks like) and the first two under Settlement and court, which are about how the lawyer likes to work. Those answers tend to differ most from one lawyer to the next. The rest of Your case is about the law itself: filing, separation, property, the house, support, custody. Pick the two or three that worry you most for the consultation and keep the others for the lawyer you hire.

In the first weeks after you hire

Working together and First steps mostly belong to the first meeting after you have signed. Two are urgent enough for the consultation itself: if you have already been served, or you do not feel safe at home, say so before any talk of fees or strategy.

When there is an offer on the table

The rest of Settlement and court is for the point where a proposal exists. Read it again before a mediation or a settlement meeting, and put the enforcement question to any draft before you sign it.

What this list cannot do

Nothing on this page is legal advice, and the rules differ by state and country. The notes describe what to listen for. What the law says where you live is the lawyer's part to answer.

What to bring to your first visit

  • Any court papers you have been served with, and the date they reached you.
  • Your last few tax returns and recent pay records, for both of you where you can lawfully get them.
  • Recent statements for each account, card, loan and retirement plan you know about.
  • The mortgage statement or lease, and any recent valuation of the home.
  • A signed copy of any prenuptial or postnuptial agreement.
  • The date of the marriage and of any separation, and a one-page timeline of the main events with dates.
  • The children's ages and schools, and which parent has them on which days at the moment.
  • Your own priorities in order: the house, time with the children, a pension. A lawyer can only trade one against another once they know the ranking.

Building a shortlist

  • If you can, see two or three lawyers before retaining anyone, even if the first one seems fine.
  • Look the lawyer up with the bar or licensing body where you live, for license status and any public discipline, before you pay.
  • Put the same questions to each one so you can compare answers rather than impressions.
  • Ask what proportion of their cases settle, and what the last one that went to trial involved.
  • Note who asks you the most questions. A consultation where the lawyer mostly listens is a good sign.
  • Get the engagement terms in writing from each, and compare the documents side by side.

Understanding what you will be billed

Ask for every rate, not the headline one

Partners, associates and paralegals may all bill, often in fixed blocks such as six or fifteen minutes. Ask who would handle routine work, because the same letter costs a different amount depending on whose desk it crosses.

Find out what the retainer actually is

In some firms it is an advance against hours; in others part of it is non-refundable. Ask what happens to the balance if the case settles early, and get the answer in the engagement letter.

Ask which costs are extra

Filing fees, process servers, appraisers, court reporters and forensic accountants are usually billed on top of legal fees. Ask which of them your case is likely to need and what each tends to cost where you live.

Ask how you can reduce the bill

Organizing documents once and properly, keeping emails short, and resolving small items directly with your spouse all cut hours. A lawyer with no suggestions is not paying attention to your side of it.

Reasons to keep looking

A prediction of the outcome at the first meeting

Before disclosure, nobody knows what the other side holds. Confident promises about the house or the schedule are sales technique, and they set expectations you will later be talked down from.

No unwelcome information

Every case has a weak point. A consultation in which nothing you hear is uncomfortable has been a pitch rather than an assessment, and you will learn the weak point later at greater expense.

Encouraging you toward a fight you did not ask for

If you arrive wanting a negotiated end and leave with a litigation plan, ask why. Sometimes the answer is good, and sometimes it reflects how the firm makes its money.

Vagueness about who does the work

A firm that will not tell you which lawyer handles your hearings is telling you it does not know. Ask for a name and ask to meet them before you sign anything.

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