Deciding to divorce your spouse is a life-changing decision that brings up a lot of emotions. You know you must unwind the life you shared with your spouse but are not sure where to start. Hiring an experienced, local lawyer is a great first step to getting the support you need to dissolve your marriage with as little pain as possible. However, the process of hiring a lawyer may be troublesome because you do not know what questions to ask a divorce lawyer.
Divorce can be expensive even before you consider attorney fees. The fear of hiring an ineffective lawyer is normal because your future is at stake.
The Law Office of Pamela C. Bratcher has decades of experience helping clients in the Bowling Green area dissolve their marriages and start a new chapter. Pamela understands the feelings and uncertainty a client may experience during a divorce. To help alleviate some frustration of consulting with divorce attorneys near you, Pamela C. Bratcher compiled a list of questions to ask during your consultations.
What Questions to Ask a Divorce Lawyer Before Hiring Them
This is not a comprehensive list. However, it will generate good information and help you get a feel for the lawyer. It is important that you feel comfortable talking to your lawyer.
1. What Is the Divorce Process in Kentucky?
The lawyer should explain the information they need from you to draft court documents and the steps and timing to file each document in the divorce proceeding. They should give you an idea of the strategies they may use in your case, including whether you can expect to participate in mediation.
In Kentucky, you only need to say the marriage is irretrievably broken to start divorce proceedings. However, it is still beneficial to talk to your lawyer about your reasons for wanting a divorce in case these reasons can be used as negotiation points during settlement discussions.
This is also a good time to ask the lawyer if they practice collaborative divorce, which is when spouses work to settle their asset and debt divisions without the court’s assistance. The lawyer would help you and your spouse draft a settlement agreement to submit to the court for approval and finalization.
2. How Do You Expect the Judge to Rule on Specific Issues in My Divorce?
If your divorce must go through court to reach a settlement on assets or custody, it is beneficial to hire an attorney who knows how judges tend to rule on certain matters. Local attorneys who are familiar with judges can adjust their client’s pleadings to account for the judge’s usual ruling pattern. Also, the attorney should be able to use their knowledge to advise you on how the courts have settled and ruled in similar divorce proceedings. This can help you make educated decisions about whether to agree to a settlement or take your chances in court.
3. Will You Represent Me for the Entire Divorce?
Depending on your situation and finances, you may elect to have an attorney represent you only during certain phases of the divorce, such as drafting, filing, and appearing in court proceedings. After you have discussed the divorce process, it is important to understand the aspects of your case the attorney will manage and what you need to do to support them.
This is a good time to ask if you can negotiate directly with your spouse to help reduce legal fees. The attorney may have reasons why it is better for them to handle negotiations, especially if your spouse is also represented by an attorney.
4. Will I Work with Other Lawyers or Legal Staff?
It is common for attorneys to have support staff to help them work their cases. If you will be working with another lawyer and legal staff, it is helpful to meet them. During this meeting, you can talk with everyone working on your case to clarify when they will update you on your case and whether they will primarily communicate via email or telephone.
Questions are normal during a divorce, and you want to make sure you know exactly how to get a hold of your lawyer if new information comes up during your case.
5. What Is Your Fee Schedule?
Each lawyer has their own way of billing, and it is essential to understand how you will be changed for the work required to complete your divorce. Some lawyers charge an hourly rate while others charge a flat fee for particular services.
Often lawyers require clients to pay a retainer fee which is a prepayment for their legal services. The lawyer then deducts fees from the retainer as the lawyer earns them.
Ask about the lawyer’s hourly rate. If the firm bills by the hour, clarify if you will receive a detailed invoice each month listing the work that was completed, the cost of the work, and the amount left in the retainer. Also, make sure to ask how often you must replenish the retainer fee during the divorce process.
If other lawyers or legal staff will work on your case, you want to get a written breakdown of the hourly fee associated with each person. Senior lawyers usually charge a higher hourly rate than junior lawyers, and you should never be charged an attorney rate for work completed by the paralegal or legal staff.
6. What Other Expenses Can I Expect to Pay?
Filing fees are a common extra expense in divorce proceedings. It is important to clarify with your lawyer whether filing fees will be deducted from the lawyer’s retainer or billed to you directly.
You should also clarify if your unique circumstances will require expenses for mediation, forensic accounting, a custody evaluation, or other expert reports to help settle your divorce.
7. How Long Does It Take to Finalize a Divorce?
While every situation is unique, an attorney should be able to use their prior experience and knowledge to give an estimate of how long your divorce will take to be finalized. They may also be able to advise on how courts have resolved previous cases that are similar to yours.
Do not hesitate to ask more questions if the lawyer mentions something in the consultation that you do not understand. Good communication between you and your lawyer is essential, and it starts at the first meeting.
Reach Out for Help During This Difficult Time
If you are facing the difficult process of divorce and live in the Bowling Green area, contact Pamela C. Bratcher, attorney at law. As a local Bowling Green lawyer and active member of the community, Pamela’s unique insight on local judges can help her craft the best legal strategy for your divorce petition and fight for an equitable settlement. Contact the Law Office of Pamela C. Bratcher for trusted representation.