For example, for an attorney to be a divorce expert in San Francisco, they need special credentials in family law. So, it is vital to know what questions to ask divorce lawyers before hiring them.
Finding the Right Divorce Attorney: Important Divorce Questions
When a couple wants to get a divorce, each party needs to hire a lawyer. But, the lawyers they hire must be experienced in handling divorce cases. For example, a person looking for a San Francisco divorce lawyer must ensure the one they choose is the best in their area of expertise.
A lawyer who is closely familiar with the divorce process in California can help guide their clients through it. There are many divorce lawyers in San Francisco, and many of them advertise as experts in divorce.
Still, considering the complexities of family law, one must hire an attorney with the necessary qualifications and sufficient experience. Divorcing spouses must choose the best lawyers to handle their divorce case.
To ensure their lawyer is the best, both parties must know what to ask a divorce lawyer before hiring. The following are some of the most important questions to ask a divorce attorney.
Questions to Ask Divorce Lawyer Before Hiring
What is their experience handling divorce cases in San Francisco?
Divorce lawyers practising family law in California are closely acquainted with the divorce process in San Francisco.
The attorney must have experience in the place where the client lives. Some attorneys may have practised divorce law for years but in a different state.
Family laws vary from state to state. This means a lawyer without relevant experience in the state where the divorce occurs cannot help much.
Another way the client may determine the lawyer's experience is by asking them what their success rate is. Also, they should ask how many divorce cases they handle yearly. If the lawyer can provide references, the client can rest assured that they are in capable and safe hands.
What law areas do they specialize in?
Some attorneys attempt to provide services in multiple areas of law, even if they do not specialize in them. This is the type of lawyer that people seeking a divorce should avoid, and look for a lawyer specializing exclusively in family law.
Family law attorneys in California undergo rigorous testing and must meet the state standards to earn the label "family law specialist.".
San Francisco residents looking for a divorce lawyer should check that their lawyer is certified as a family law specialist in California.
What divorce options does the divorce attorney specialize in?
If a person hires a lawyer specializing in litigation, they will likely push for the case to go to court. But not every case needs to escalate to court. This is especially true if the spouses are willing to settle and have an amicable divorce.
An experienced lawyer will have experience in every divorce option. Divorce options include litigation, mediation, uncontested, and collaborative divorce. The person considering a divorce lawyer should know what each divorce option entails., so they can ask the lawyer questions that will inform them how they handle divorce cases.
Litigation
Divorce cases that end up in litigation are expensive, long-lasting, and breed more animosity between the people divorcing. Reliable divorce lawyers try to keep their clients' cases from ending up in court.
But that is not to say that the lawyer should have no experience with litigation. The lawyer the couple chooses should have experience in the courtroom in case they cannot settle.
Mediation
Mediation as a divorce option involves both parties working together. During the process of mediation, the divorcing couple hires a third-party mediator. Mediators are most often divorce lawyers.
If a couple is looking to divorce amicably, they may ask their lawyer if they provide mediation services. During mediation, the lawyer acts as an impartial party that helps couples reach fair settlements.
Mediation allows the couple to stay in control of their divorce and make decisions outside of the court. Couples may use mediation coupled with other divorce options. Mediation may save both parties from high costs and additional stress.
Collaborative divorce
With collaborative divorce as an option, both parties hire an attorney to help them negotiate divorce terms. In collaborative divorce, the spouses meet and counsel separately with their attorneys. Also, they may consult a team of experts regarding finance, mental health, and child custody.
Both parties will have several meetings to settle their divorce agreement's terms. Collaborative divorce only works when both individuals are committed to cooperation and collaboration.
Uncontested divorce
Uncontested divorces are generally the most cost-effective. This divorce option is effective when both parties agree on most terms of their divorce case. They only need to hire a lawyer to draw up the agreement, help with minor disagreements, and file the paperwork.
Some attorneys may push their clients to choose a different divorce option. But a reliable attorney will advise their client on their case's best course of action. For uncontested divorces, spouses can also seek the assistance of an online divorce platform instead of a law firm.
How much will the divorce cost?
Some divorce lawyers have a fixed rate, while others charge an hourly fee. Different divorce cases may necessitate different levels of legal work. Some lawyers bill depending on the amount of legal work.
If there is less legal work in a client's case, the cost may be lower. This is why individuals need to ask about the cost upfront.
Reliable divorce attorneys generally charge lower rates for legal work that does not necessitate the direct attention of the lead attorney.
Are there any additional divorce costs?
Besides asking the divorce lawyer about their fee, the divorcing individuals should ask about any additional costs. Both parties will have other financial costs besides their lawyers' fees during the divorce case. Other financial costs may include the following:
- Financial disclosure requirements between both parties
- Division of assets and property
- Orders to prohibit either party from changing beneficiaries or transferring assets before or during the divorce
- Spousal support
- Child support
- Division of retirement accounts and benefits
Is the divorce attorney familiar with the local San Francisco Court?
The lawyer must be familiar with the local San Francisco family court. Being familiar with the judges, how they rule, and their preference in evidence may be crucial to the individual's case.
Also, if the individual is unfamiliar with the courthouse, they may need help navigating it. The lawyer should provide their client with clear instructions on where to pick up documents and attend sessions.
Lawyers should also inform their clients about courtroom etiquette. The divorce attorney should also prepare their clients on the proper way to address the judge when answering their questions.
How does the lawyer communicate with clients?
Effective communication between a lawyer and a client is possible when they understand the client’s needs, and reasons for divorce, and listen to their concerns. Lawyers who offer clear communication can provide better guidance and legal representation for their clients.
In contrast, the client must also be open with their lawyer and provide the needed information regarding their divorce case.
The lawyer must regularly update their clients about the case during a divorce. The person seeking a divorce lawyer should ask them how they will communicate. Some lawyers provide updates via phone calls, email, or in person.
How many divorce cases are they handling at the moment?
Divorce attorneys with multiple cases going on simultaneously may be unable to dedicate the needed time for each case. This is why the divorcing individual should ask about the lawyer's workload. They should ensure the lawyer will dedicate to their case with the attention and time they pay for.
What is the lawyer's assessment of the divorce case?
During the initial consultation, the client should provide the necessary documents. They should then ask for the lawyer's assessment of their case. The lawyer should inform them about the strengths and weaknesses of the case. Based on the information, the lawyer may suggest the best divorce option.
Does the law firm deal with high-asset divorce cases?
If the spouses share large assets and property, they need lawyers experienced in high-asset divorces. High-asset divorces are complex, as they involve large financial assets and many properties that need to be divided between the divorcing spouses. So, both parties need experienced attorneys to guide them through the division process.
Divorce Lawyer Consultation Checklist
When spouses seek a divorce, they must prepare for the process. The best way to prepare is by making a checklist that will include the following:
- Make a list of the divorce lawyers available in San Francisco.
- Book consultations with the best available lawyers on the list.
- During the consultations, they should ask the lawyer the above-mentioned questions.
- Evaluate the experiences after the consultations to determine which lawyer is best.
- Each party should hire the lawyer they deem right for their needs.
Conclusion
Those mentioned above are the key questions to ask divorce lawyers before hiring them. Knowing and asking the right questions allows people to determine whether the lawyer is right for them. They help determine the lawyer's experience, credentials, and success rate.
