You are thinking of getting a divorce. You might not even be sure at this point, but you need to talk to someone. The whole idea can be scary. Are you committing yourself to divorce just by meeting with a divorce lawyer? Will he or she understand your situation? And most importantly of all, how can he or she help you?

Almost all attorneys provide a free consultation, so a meeting to ask questions won’t cost you anything.

It’s important to make good use of this time. To make the best use of your consultation time, bring financial papers, tax returns, and, if possible, a list of assets and liabilities. However, that’s not absolutely necessary.

Be prepared to ask the following questions:

What is your area of legal expertise?

Just because he or she is an attorney who comes highly recommended, don’t assume he or she is an expert in divorce law. Verify by asking.

What is your experience with divorce and family law?

When consulting with a family lawyer, it’s crucial to gauge their expertise, especially in divorce and family law matters. Start by inquiring about their experience in court. While many divorce cases are settled outside of trial, understanding your lawyer’s litigation experience is essential, as it can greatly impact the strategy and outcome of your case. Ask about the number of cases they have handled that are similar to yours. This includes not just the quantity but also the complexity and variety of cases. It’s important to know whether they’ve dealt with situations akin to yours, such as high-asset divorces, custody battles, or cases involving domestic violence.

Furthermore, delve into their approach to cases like yours. Every lawyer has a unique style – some may favor negotiation and mediation, while others might be more aggressive and litigation-focused. Understanding their approach will help you align your expectations and ensure that their strategy resonates with your desired outcomes.

Also, consider asking about their success rate in these cases. While no attorney can guarantee a specific result, their track record can provide insight into their expertise and efficiency in handling similar legal issues.

Remember, the goal of this question is not just to assess their technical expertise but also to determine if they have the practical experience and approach needed to handle your unique case effectively.

What can you do to help me?

Florida is a no-fault divorce state. It is your attorney’s responsibility to ensure that you get your fair share of the assets (that does not mean half) and equitable custody of the children. However, some divorces can get acrimonious. A good divorce attorney will suggest mediation for issues on which the parties cannot agree. He or she will also use all legal tools, such as discovery, to find any assets your spouse may be keeping hidden.

How much will a divorce cost me?

In Florida, the cost of divorce is emotion-driven. But it is also about dollars and cents. On your initial consultation, ask your prospective attorney what retainer he or she is expecting and what the hourly rate is. Most attorneys will try to accommodate your personal. If the hourly rate is high, ask if an associate with a lower hourly rate could perform the majority of the basic grunt work.

How will the property and assets be divided?

Florida is an “equitable distribution” state. However, certain assets, such as property owned prior to the marriage or items acquired through inheritance during the marriage may not be considered marital property. A divorce attorney will be able to sort out your assets.

As for debts, any debts your spouse signed during your marriage will be owned by both of you, even if you never signed the papers. Debts brought into the marriage by your spouse, like student loans, are not your responsibility.

How will alimony and child support be handled?

Many factors will determine how the court handles alimony and child support payments. You can judge your prospective attorney’s experience in this area by how he or she answers the question.

What information do you need from me?

Little remains personal during a divorce proceeding. And the more acrimonious, the more dirt will be dug up in court. Now is the time to provide all necessary information to your prospective attorney and discuss possible ramifications. That includes any actions of yours (infidelity, etc.) that you might find embarrassing. Ensure your attorney is prepared by providing the information; it will come out anyway.

Once we get started, what is the next step?

Your lawyer may need more documentation than you have brought. However, the initial step to begin divorce proceedings is to file a Petition with the court. You will serve the Petition on your spouse. If you and he agree on all, or most, issues, you can simply file the divorce papers, along with a settlement agreement. You don’t even need an attorney to do this. This is the easiest divorce, called an uncontested divorce.

Attorneys for both parties initiate the discovery process if there are issues to settle, exchanging all relevant information with the other party. This includes finances, abuse, infidelity, addiction problems, etc. How complex the discovery period gets depends on you and your spouse. At any time, you can come to an agreement stop discovery, and submit a settlement agreement. In most cases, that will take getting a divorce. If the parties cannot reach a settlement, the case will proceed to trial.

Conclusion

You will absorb a lot of information from your initial meeting with your prospective attorney. Your next step depends on how quickly you need to act. You may do nothing for months, or you may decide to hire the attorney on the spot. It’s your decision.

---

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!

For more information:
Check out and subscribe to our YouTube Channel
Follow us on Instagram
Like us on Facebook
Visit our website
Shop our Legal Templates

No Attorney-Client Relationship or Legal Advice: Communication of information by, in, to, or through this Website and your receipt or use of it: (1) is not provided in the course of and does not create or constitute an attorney-client relationship; (2) is not intended as a solicitation; (3) is not intended to convey or constitute legal advice; and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. Feel free to contact us if you need legal assistance.