Going through a divorce is one of the most challenging events you will ever face. Because of the complexities surrounding each unique set of circumstances, finding a qualified divorce attorney who puts you at ease can make all the difference when navigating the rough waters of divorce. When choosing your divorce attorney, there are some questions you should consider asking to narrow down the prospects and ensure a good fit.
1. What is your experience dealing with family law?
Not every attorney has the experience necessary to help you through your divorce. Family law has many specialized areas, such as domestic and international custody law, guardianship, and paternity, amongst many other areas. Depending on your situation, you may want to find a lawyer who has experience in the specific areas that concern you. If support, custody, possession, and access to your kids will be an issue, make sure you ask about their experience dealing with children. If you think you will have a fight over your property that you hold as separate, ask about experience in dealing with property division issues. The arena of family law is forever changing as appellate courts and legislators sort through the complex issues of our modern society, so you want to find an attorney who is divorce-focused.
2. How do you prefer to communicate?
Communication will be key between you and your attorney throughout your divorce proceedings. It’s advisable to determine what both of you can expect from the other in terms of communication and how to best reach one another. Decide how you will contact each other in the event of an emergency and what defines an emergency. Establish how frequently you’ll be in touch and what you can expect to glean from one another during your check-ins and meetings.
3. How much will I be charged for your services?
While it’s true that your attorney can’t give you an exact total for how much your divorce will cost, they should be able to provide you with an estimate based on the complexity of your case. Your attorney should be able to help you see a path to the finish line of getting divorced while protecting your rights. Having a clear understanding of cost upfront can help prevent surprises later on. It might be helpful for you to find a lawyer who charges a flat fee, fixed rate for services instead of the more traditional hourly rate billing model.
4. What is the procedure for billing?
Money is not always the most comfortable place to start a conversation or relationship, but transparency between you and your attorney builds trust and mutual understanding from the beginning. You’ll want to know about billing, but your attorney should also explain ways you can save on fees over time. Again, finding an attorney who works on a flat-fee basis can help alleviate the pain of unexpected legal billing.
5. Will I have to pay spousal support? Can I receive support?
The Texas Family Code provides post-divorce support in a limited number of situations. The Texas legislature drafted the code provisions intending to help the “at home” spouse who now might have to return to the workforce with reduced education, skills, marketability, and experience compared to peers. If you have thoughts about spousal maintenance, spousal support, or alimony, be sure to ask about the attorney’s experience. A seasoned attorney will be able to give you some insight as to what to expect in regard to support in your specific case.
6. How will our child custody issues be resolved?
Issues pertaining to child custody require a deep understanding of the complex set of laws in the Texas Family Code. Please don’t be shy about asking your attorney about their experience with the legal side of issues and overall philosophy. Caring, experienced attorneys can help you reach reasonable solutions in everyone’s best interest.
7. Should my spouse and I consider a trial separation?
Sometimes you may consider separating before filing for divorce. Depending on your unique circumstances, there are potential risks and benefits to how this may impact your case. This is important to discuss with your attorney before making any decisions. It is essential to understand that Texas laws do not provide for legal separation, and a good attorney can help you navigate this area without jeopardizing your position if you wind up in a litigated, highly contested divorce.
8. How will my divorce impact my taxes?
Due to the change in marital status and income reported, each divorce brings about some degree of change come tax season. Important to note is that most tax issues are federal, and a state-level court will hear your divorce, so many potential tax issues may or may not be fully resolved in your divorce. A divorce attorney should help you understand what to expect and how to prepare for those changes, as well as refer you to non-legal specialists where needed.
9. Will I have to testify and appear before the judge?
Every divorce is different, just as every marriage is different… but most Texas divorces are completed with minimal time in court. Ask your attorney about their philosophy and processes that might keep you out of court while protecting your interests.
10. What does the road to divorce look like?
This is perhaps the most critical question of all. Ask your attorney to lay out a map of each step in the process so you can be prepared and know what to expect along the way. Your divorce attorney will be your advisor and guide throughout the journey, and you want someone on your team who will keep you informed every step.
