Going through a divorce can be an emotionally and legally complex time. Having the right divorce lawyer by your side can make a big difference in navigating this new beginning. Choosing the right attorney to represent you requires researching and asking the right questions to find someone you feel comfortable with and who understands your specific situation and goals.
Do Your Initial Research
Start by coming up with a list of potential divorce lawyers to interview. Ask friends, family members, or colleagues if they have any recommendations based on positive experiences. You can also check online reviews of divorce attorneys in your area. Look for lawyers specialising in family law and with extensive experience handling divorces. Avoid attorneys who practice in many legal fields—you want someone laser-focused on divorce and custody cases.
Narrow down your list to three to five lawyers to interview. Look up their professional websites to get a feel for their specific experience, background, and case approach. Seek out attorneys from professional family law associations, as this demonstrates a more profound commitment to staying current on changes in this nuanced field.
Interview Multiple Candidates
Reach out to the lawyers on your shortlist to schedule initial consultations. Many attorneys offer free first meetings, which allow you to get a feel for them before committing to legal representation. Going into these interviews prepared with questions can help you gauge which lawyer might be the best fit.
Here are some key questions to ask during your consultation:
- How long have you practised divorce law specifically? You generally want 5-10 years of experience in this specialty.
- What percentage of your caseload focuses on divorces? Look for this to be a significant emphasis for them.
- What is your approach to handling divorces? Do you tend to take an aggressive or conflict-avoidant stance? Make sure it aligns with your goals.
- Do you handle divorces in a collaborative, mediation-focused way whenever possible? Answering yes is a good sign.
- How often do your divorce cases go to trial? While trial is sometimes necessary, a trial-happy lawyer may not align with a collaborative approach.
- What is your availability like? Can you commit to giving adequate time and attention to my case? Ensure they have the capacity.
- What are your fees and billing structure? Get precise rates and cost expectations upfront.
Choose Someone Aligned with Your Goals
After interviewing several candidates, review your notes and impressions to choose the divorce attorney you feel most comfortable with. Please make sure you are confident in their experience handling cases similar to yours. Also, ensure your personalities mesh—you want an attorney who listens to your needs and whom you can easily communicate with.
Most importantly, select a lawyer who shares your philosophy and goals for the divorce. Key factors to consider:
Collaborative vs. contentious
Do you want to take an aggressive stance, go to trial, or favour mediation and compromise? Select an attorney aligned with your approach.
Asset division
Are you seeking an equitable split or plan to fight for more? Discuss realistic outcomes with your lawyer.
Child custody
What custody arrangement do you hope to achieve? Make sure your lawyer can work towards your desired goals.
Spousal support
Are you seeking alimony? Does your potential lawyer think you have a strong case for it? Get on the same page.
Going with your gut instinct about which attorney “gets” you and your situation can go a long way.
Discuss Payment and Retainer Details
Once you’ve selected your divorce lawyer, have an open-money conversation before signing any agreements. Find out:
- What is the upfront retainer fee, and what does it cover? Get a clear written breakdown.
- What are the hourly rates for the attorney, paralegals, and other staff? Understand the entire cost structure.
- How often will you receive invoices? Monthly billing is standard. Review them closely.
- Is there any part of the retainer you can have refunded if unused? Some firms reimburse remainders.
- Can you negotiate rates or a payment plan if needed? Ask about flexibility.
Getting fee expectations and policies squared away upfront will prevent money surprises down the road. Be sure you understand all terms before entering into a formal agreement.
Moving Forward with Confidence
Selecting the right divorce attorney is a decision that should take time and effort. Doing in-depth research, conducting thoughtful interviews, and gaining clarity on fees will help you feel confident as you move forward. Most importantly, choose a lawyer who listens to your needs, shares your philosophy, and displays compassion. This major life transition can be managed smoothly with the right partner guiding you.
