Your first consultation with a divorce attorney is an opportunity to learn about your rights, the decisions you will need to make, the expenses you’ll face, and what to expect from the process. It is also a chance to see whether the attorney you’re speaking with is a good fit for your situation.
The process can feel intimidating or overwhelming when your emotions are raw, so it helps to prepare a list of questions to ensure you get the information you need.
What Do You Need to Know About the Divorce Process?
Everyone approaches divorce with different experiences, and the attorney you speak with may not know how much you already know about the divorce process in Florida. Do you need basic information about the steps, or are you ready to dive into details specific to your situation?
Having a list of questions ready will help you get the information you need without repeating what you already know or letting the consultation get bogged down in details you’re not ready to consider yet.
Some basic questions about the divorce process could include:
- Which divorce process do you think would be best for my situation?
- What steps are involved in that type of divorce, and about how long would the process take?
- What information do I need to gather, and how should I organize it?
- What happens if I don’t agree with my spouse about issues we need to settle?
When spouses agree on all issues ahead of time, they can file for an uncontested divorce, but if issues are in dispute, they must file for a contested divorce to address them. Attorneys can help resolve disputes in a variety of ways, so it may help to learn which approaches the attorney you’re speaking with is most comfortable using.
What Property Division and Support Issues Need to Be Addressed?
The most complicated and contentious issues in divorce often involve property and how it is classified, valued, and divided. It helps to know how the attorney you are speaking with would handle these issues. Possible questions include:
- Which assets and debts will be divided?
- Will they be split evenly, or will one spouse receive a greater share for a specific reason?
- What is the likelihood of alimony in our situation?
- What will happen to our home?
- How do you propose to resolve conflict if my spouse doesn’t agree on how property should be divided?
What Questions Should You Ask if You Have Minor Children?
If you have minor children, it might be helpful to ask questions such as:
- Does Florida always award custody to both parents?
- What should be in our parenting plan?
- How can we minimize the divorce’s negative impact on our children?
- How are time-sharing schedules and parental responsibility settled if we can’t reach an agreement on our own?
As you approach these issues, remember that Section 61.13 of the Florida Statutes and legal case precedents make it clear that decisions must be made in the child’s best interests, not the parents’.
Is the Attorney Right for Your Situation?
Lawyers take many different approaches to divorce, so it is important to find an attorney who will meet your unique needs. For instance, some lawyers approach all divorces with an adversarial, litigation-focused mindset, while others seek to resolve issues collaboratively. A cooperative approach can minimize conflict within the family and give you more control over the outcome, but it can be challenging to resolve conflicts if one spouse is controlling or obstinate.
Questions you might ask to find out if the attorney is a good fit:
- Would I be working directly with you or will I be dealing with a team of attorneys?
- How much experience do you have dealing with issues similar to mine (such as complex financial matters, heavily contested custody, or other concerns)?
- How do you communicate with clients, and how often do you provide updates?
- What methods do you find to be most effective for resolving disputes?
You should feel comfortable with the attorney and feel that your concerns will be heard. However, that does not mean the attorney should agree with every assertion you make. Sometimes, it is part of a divorce attorney’s job to help clients view the situation realistically in light of what the law requires rather than optimistically promising that they can get everything they want.
How Much Will This Cost?
Divorce is costly, so be prepared for legal fees in addition to other costs, such as covering household expenses on one income instead of two. Questions you might consider asking include:
- Do you charge an hourly rate or a flat fee?
- What additional expenses should I anticipate?
- What is the rate, and do I pay fees in advance?
Generally, when conflicts are resolved cooperatively, legal costs are lower because disputes are settled out of court. But at the outset of a case, no attorney can say for certain that all matters will be resolved without judicial intervention. In other words, an attorney cannot know in advance what the total legal costs will be.
FAQS About Consultations with Divorce Attorneys
What should I bring to my first divorce attorney consultation?
It helps to be prepared with information about financial assets, debts, income, and basic information about your children. Most important, however, is to bring your list of questions.
Is the first consultation with a divorce attorney free?
Some divorce attorneys offer free consultations, but the goal is to convince the potential client to hire them. That means a free consultation may focus entirely on the attorney’s merits rather than answering the client’s questions. When you schedule a paid consultation, you are more likely to receive valuable information that will help you prepare for your next steps.
Am I obligated to hire the attorney after the consultation?
No, you’re not obligated to continue working with that attorney after the initial consultation. It is a chance to gather information so you can make informed decisions.
We’re Here to Answer Any Questions You Might Have
At Leap Frog Divorce, we know divorce is painful and that it is hard to tell whether you’re taking the right steps when everything is so uncertain. While we cannot make the process easy, we do try to make it easier. Our experienced attorneys are ready to guide you through this transition to a better life ahead.
We invite you to schedule a confidential consultation so you can learn more and start taking control of the process.
