25 Questions to Ask At a Divorce Lawyer Consultation
Choosing the right family lawyer is one of the largest factors when it comes to success of a case. During a consultation, you need to ask the right questions to gauge their experience, understand the affordability of representation, and make sure the communication channels are open. Here are the questions to ask your divorce lawyer to make the process easier and more informed.
Thoroughly Explain Your Case and Concerns You Have First
The divorce lawyer or family lawyer you are consulting should first ask you a series of questions that you should answer. You should explain what concerns you have and what is currently occurring in your case. This part of the consultation is key for the divorce attorney to understand.
At Chicago Family Attorneys, LLC, we often look for underlying concerns as well. There is. a reason clients. have concerns within their case and we want to take a serious, but also holistic approach that allows us to give you the best comprehensive legal representation in and out of the circuit court.
Factors to Consider at a Consultation
A family law lawyer is key to case management, litigation, expressing your concerns to the court, and the overall outcome of your case. It's important to know you are working with the right attorneys because they will be representing you.
Knowing the financials and divorce cost, including lawyer fees and extra fees, is important for budgeting and knowing what you can afford. Economics and the ability to pay for legal representation is one of the major factors that a potential client should understand.
Communication with your lawyer and knowledge of the divorce process, including temporary orders and child custody arrangements, is important for you to know so you can thoroughly work with your attorney on your case.
Experience and Skills
When you’re getting a divorce experience and skills of a divorce lawyer are essential to know. The majority of their practice should focus not only on family law, but also divorce. A lawyer who practices divorce and family law brings a level of knowledge and essential skills that can make all the difference in your case. Experience, integrity and a results driven approach to your divorce or family law matter are required when choosing your lawyer.
The attorneys at Chicago Family Attorneys, LLC have the experience and skills that are required to litigate thoroughly and fight for your rights within your case. To learn more about divorce and child custody issues, visit our page
How Much of Your Practice is Divorce and Family Law?
You need to find out what percentage of a family law lawyer’s practice is devoted to divorce and family law, this will give you an idea of their level of experience. When you consult with a lawyer ask them about their focus on these areas.
When a family law firm or lawyers within the firm — specifically the divorce lawyers and family lawyers — deal with divorce matters most of the time it means they have extensive experience in all aspects of divorce. This includes child custody disputes, child support disputes, domestic violence issues, and even financial settlements.
What Kinds of Divorce Cases Have You Handled?
Broad experience is key. A lawyer who has handled many types of divorce cases including contested and uncontested cases has hands on experience. Asking what types of cases they’ve handled will give you an idea if their experience matches your case.
This will give you an idea of how they approach different types of divorce situations and how they may handle your case.
Have you handled divorce cases similar to mine?
Make sure that the attorney you are consulting with and considering to work with a divorce attorney and divorce law firm who has handled cases that are similar to yours. Not all cases are the same and litigation tactics and litigation plans need to be specific to the issues that you are working through within your case.
The Divorce Process
Divorce in Chicago and the surrounding counties of Chicago are complicated and require a good understanding of the process and what to expect. Each county has different local court rules and based upon the jurisdiction that you are in, it may affect the way that your case is handled.
Every divorce is different but most go through general stages from filing the initial papers to the final order. Knowing this will give you an idea of what’s to come and allow you to prepare. An initial consultation with your divorce lawyer will give you the details on your case.
Once you’ve hired a divorce lawyer, one of the first things they’ll do is advise you on how to handle your situation. They’ll tell you of the options available to you and how long the process will take. The sections below will go into more detail on these aspects of divorce and the obstacles along the way.
What are the Steps in the Divorce Process?
One spouse usually starts the divorce process by filing a petition for divorce, that spouse is called the petitioner. The next steps are to serve this petition to the other spouse and then go through stages of response, discovery, negotiations between parties and possibly a trial if no agreement is reached.
Knowing each stage will give you more peace of mind in your divorce. The attorneys at Chicago Family Attorneys, LLC are well versed in the divorce process and are happy to explain the entire divorce process to you and how we can assist based upon the case you have. If you would like more information about the process, visit our page on divorce.
How Long Will My Divorce Take?
The length of time a divorce takes can vary greatly depending on many factors including if the divorce is contested or uncontested. In cases where spouses can’t agree on important issues, known as contested divorces, the process takes longer because it requires more negotiations and possibly more court appearances.
Knowing these timeframes will help you plan for your own divorce, the financial costs that may be expected over time, and what may be expected of you over time.
An attorney cannot give you an exact timeframe, but they can give you an estimate of how long a case may last depending upon the issues of your case.
Financial Considerations and Costs
The cost of divorce is not to be taken lightly, you need to be aware of all the expenses involved. A contested divorce trial covering multiple issues can cost up to $23,000 on average. This includes filing fees and attorney fees plus extra costs for expert witnesses. Having a budget in place for these expenses is key to navigating the financial aspects of the divorce process. By consulting with Chicago Family Attorneys, LLC you will have a better understanding of the financials of your divorce.
Have an open conversation with your lawyer at the beginning about their billing and fee structure so you don’t get hit with surprise costs later on. The section below answers questions about financial responsibilities during divorce, including what extra costs to expect beyond the initial quote and how to control legal expenses during this process.
If you are concerned about finances within the divorce, book a free consultation with the attorneys at Chicago Family Attorneys, LLC by visiting our free consultation page or by calling our divorce law firm at (312) 971-2581.
What are Your Fees and Billing?
Knowing the fee structure and billing methods of lawyers is important to avoid surprise costs. Lawyers can either have a flat rate for their services or bill by the hour. To track costs accurately, ask for monthly statements of the expenses incurred. Discussing these billing procedures upfront will help you plan.
Chicago Family Attorneys, LLC has transparent pricing for potential clients and individuals who are seeking a divorce in Chicago and surrounding counties. Visit our page on divorce pricing to learn why our law firm has the most affordable divorce attorneys in Chicago.
Are There Other Costs I Should Know About?
During the divorce process or any type of case, you may incur extra costs such as fees for expert testimony, fees for guardian ad litems, or other costs in reference to additional documents.
The cost variation depends on many factors such as how cooperative both parties are during the divorce, how transparent the financials are and any disputes on custody or support issues.
The lawyer you are consulting should give you a range of costs that reflect the complexity of your case and what fees may be expected.
How Can We Control Legal Costs?
Communication with your lawyer will make the divorce process easier and may reduce legal fees. You need to know what services you will be billed for so you don’t pay for services you don’t need.
By communicating with your lawyer you can simplify the divorce process and keep costs down. Evaluating these legal costs may make a determining consideration on whether you should hire the attorney that you are speaking with.
Child Custody and Support
The emotional part of divorce often revolves around child custody and support with the children as the top priority. This section will cover different custody arrangements, how child support is calculated and how to put the children first.
When there are disputes over custody or property during divorce, agreement is crucial. This section will help you understand the options in these situations and what to consider.
What are My Child Custody Options?
Child custody arrangements can be very different.
Joint legal custody – decision making is shared between both parents.
Sole legal custody – one parent has the right to decide.
Physical custody is where the child lives and daily care.
Know these options so you can put your child first and address these issues with the family law firm that you are interviewing. These are significant questions that you should ask that will help you determine how to handle your matter.
How is Child Support Calculated?
When calculating child support, many factors are considered such as income and the parenting time exercised by parents. These calculations will ultimately be estimates at your consultation, but they will t so the children are financially secure after divorce. It is important for you to review how child custody and child support may play a role within your divorce.
How Can We Put the Children First?
Children’s best interests should be the top priority during divorce which means effective communication between parents to prioritize parenting plans that benefit them. Keeping track of your involvement in your children’s lives can impact custody outcomes. A supportive environment is created through open communication during the separation process.
By reviewing this with your potential attorney, you may go over options that will allow for an easy transition from a unified family to the new family that you are turning into.
Sometimes, the appointment of guardian ad litems or other therapeutic services may be necessary and these are issues that should be discussed with your divorce attorney.
Spousal Support and Alimony
Alimony is also known as spousal support in Illinois. It’s to help a spouse who earns less maintain their lifestyle after the marriage ends. Whether one is eligible for spousal support and how much they get depends on many factors such as length of marriage and any financial imbalances between spouses. This section will cover who qualifies for spousal support, how payments are calculated and when these orders can be modified.
Giving financial support through spousal support helps a partner who may have put their own career or income potential on hold during their married life. Know these factors to get better negotiation outcomes and fair arrangements for financial support post divorce.
The attorney that you are consulting should be able to answer your questions on spousal support payments including the duration and the overall estimated amounts and how court rulings may differ based upon calculations.
Do I Qualify for Spousal Support?
Length of marriage, needs of the person seeking support and ability of their spouse to pay support are all considered when determining spousal support. By negotiating spousal support you can reduce the overall cost of divorce.
Review these guidelines with an attorney so you can determine if you are eligible for spousal support and prepare for those negotiations.
How is Spousal Support Calculated?
Spousal support is calculated considering many factors including lifestyle during the marriage, each party’s financial ability and financial needs of the lower earning spouse. Courts will look at many determinants to determine a fair amount. Know these so you can know what to expect if you will receive or pay spousal support. The attorney you speak with at your consultation should go over potential estimates and review how spousal support may be determined in your case.
Can Spousal Support Orders Be Modified?
If either spouse experiences a significant change in their financial situation such as losing job or becoming disabled, spousal support orders can be modified. Keep track of these changes and talk to your lawyer to know the requirements to file for modifications.
Know this so you can prepare for any changes down the line.
Property Division
Property division is a big part of the divorce process and it covers the fair distribution of both assets and liabilities acquired during the marriage. Knowing how properties are classified and distributed can help you protect your financial interests. This section will cover how marital property is divided, what is separate property and managing financial obligations during divorce.
Fair doesn’t mean 50/50 and Illinois courts determine what is fair in a divorce. Know what’s marital vs separate property — keeping track of your finances can make a big difference when assets are divided during divorce.
How is Marital Property Divided?
All assets and liabilities acquired during the marriage including earnings, pension savings and property holdings are considered marital property. Talk to your lawyer about all your financial resources and liabilities to get a full picture of what will be divided.
Know this so you can get equal division of marital property.
What is Separate Property?
Assets acquired before marriage or received as a gift or inheritance during marriage are considered separate property. This can include a home purchased before the marriage or an asset inherited from a family member.
To avoid problems when dividing assets, keep separate property separate from marital property which includes assets acquired during the marriage like the marital home.
How are Debts Managed During Divorce?
During the divorce process, debts are classified as marital or separate. This classification affects the financial obligations between spouses. Know which debts are marital and how they will be treated to know your financial situation post divorce.
This portion of the divorce and the rulings that are made within them will determine who pays these debts. In order for
Communication and Case Management
A smooth divorce requires active communication and case management. Having a plan for how you will communicate with your lawyer is important to set expectations and stay updated on your situation. Within this framework you will know who will handle what part of your case, how to communicate and how to exchange documents.
Regular updates and open communication can reduce stress by keeping you informed of everything that’s happening in your case. Know this so you can navigate your divorce better.
Who will work on my case?
Know if the person handling your case is an experienced lawyer or one who just graduated from law school. Ask about any other staff or lawyers that will be involved in your case and what their role will be.
Know this so you can know who will handle what part of your case.
How will we communicate?
A smooth divorce case requires open and regular communication. You may need to contact your lawyer once a month to four times a month depending on your case.
Have your lawyer’s contact details ready such as their email and phone number. Determine the channels for different types of communication. Often, attorneys will outline this portion of starting your case in writing.
Attorneys are usually in court a large majority of the day. In Cook County, statuses are often handled in the morning and attorneys may be
How will documents be shared?
Streamline the process of sharing important documents to manage your case better. Electronic delivery systems can speed up access to important documents.
Talk to your lawyer about how these important documents will be shared.
Temporary Orders and Living Arrangements
During the divorce process temporary orders are crucial for handling urgent matters like child custody and support. These interim orders can affect the final judgment so it’s important to handle them properly. We’ll discuss the different temporary orders that may be filed, how they will govern living situations during this period and how they will impact the final outcome. In some cases couples may opt for legal separation instead of finalizing the divorce.
Handling these temporary orders early on will set your boundaries and limits that will guide the final terms of your divorce. Know these so you can prepare for the immediate needs and future consequences of your divorce.
What temporary orders can we file?
These interim orders can cover many issues including child custody, spousal support, control of marital assets. These orders can be filed due to domestic violence, emotional abuse that threatens safety, a financial need, or issues regarding children within your case.
If you have any of these issues and address them within your initial consultation, you should ask what can be done on a temporary basis as the case continues. It is important to remember that these cases may not end quickly, and the court can allow relief from issues that are ongoing during a case if the judge overseeing the case deems the issues to be justifiable to address. Not all issues will be addressed immediately, but that is ultimately up to the judge handling the matter.
How will living arrangements be handled?
Deciding if you should stay or leave the marital home is important as it can affect child custody and the direction of the divorce. Consider safety issues, domestic violence and the children’s welfare when making living arrangements. Certain motions may be drafted by attorneys to assist you if needed. Addressing these issues early on in your divorce are important.
What do temporary orders impact?
Short term decisions called temporary orders can have a big impact on the final outcome of your divorce. These early decisions will set the tone that may carry over to the final judgment so it’s important to think about them.
Know how these preliminary orders will affect the long term outcome of your case so you can prepare for what’s to come in your case and discuss what can be done for temporary relief.
Financial Issues
Protecting your financial interests and parental rights are crucial when going through a divorce. It is important for you to document your contributions to the marriage and address the issue of hidden assets and why you suspect there are hidden assets with the attorney you are consulting.
By taking care of your interests you can get a fair outcome and minimize the emotional and financial trauma of the divorce process. Talk to the attorney you are interviewing to determine their ability in protecting your rights and listen to their assessment of your case regarding finances in divorce.
What can I do to protect my assets?
Having a prenup is a good way to protect your property if you get divorced. These agreements outline financial obligations and individual property. If you do not have a prenuptial agreement or postnuptial agreement that outlines marital and non-marital assets, then talk to the attorney you are consulting about asset protection in your divorce.
You must protect your financial interests so you won’t lose assets in case of divorce. Illinois does not split assets 50/50 like most people think. Illinois equalizes assets in a divorce which means they try to find what is fair and equitable between the parties based on numerous factors. Discussing how assets may be divided is crucial to a divorce.
Preparation for Court
You must be ready for court as it’s key to getting a good outcome. In family law cases the judge has a lot of power that can affect the outcome. This section will talk about court protocol and what to wear and your lawyer’s role in court.
Being prepared will help you navigate the family law maze and present your case well. Know this so you can feel more ready and confident when you go to court.
You will need to talk to your attorney about
What will you do in court?
In court your lawyer will:
Advocate for you
Give you legal advice
Present your case
Represent you
Introduce evidence for you
Manage the questioning to protect your rights
Knowing what your lawyer will do will help you feel more supported. Go over their litigation skills and what they believe a good approach to your case will be.
Divorce is hard but asking the right questions will make it much easier. From your lawyer’s experience to financial implications and your children’s best interests, every question in this guide will help you make a informed decision. Remember, the key to a good divorce is preparation, maintaining a good relationship, and communication with your lawyer.
Take care of your divorce and protect your interests, manage costs and get a fair outcome. Use this guide in consulting an attorney to determine whether you feel confident and comfortable in hiring the divorce law firm and its lawyers that will represent you in your case.
Frequently Asked Questions
How much of an attorney’s practice should be divorce and family law?
An attorney should have almost all of their practice in divorce and family law to be very experienced and skilled.
For instance, 90% of cases at Chicago Family Attorneys are divorce and family law cases. We fight for our clients and their rights every day.
What types of divorce cases does Chicago Family Attorneys, LLC handle?
Our law firm handles a wide range of divorce and family law matters including the following:
Contested Divorce
High Net Worth Divorce
Divorce for Business Owners
Alimony and Spousal Support
Child Custody and Allocation of Parental Rights
Child Support Issues
Child Support Arrears
Child Support Trusts
Dissipation of Assets
Imputed Income Issues
Domestic Violence and Orders of Protection
Sale of Marital Property
Parenting Time Issues
Relocation of Children
How can I determine if I can afford my divorce attorney?
What is a good way to measure affordability for a divorce attorney's fees. When evaluating the fees and costs associated with divorce attorneys in Cook County and the surrounding areas, it is important to remember that most attorneys charge an hourly rate. Those hourly rates are generally $300 to $500 an hour depending on the cases.
Law firms usually require hourly rate billing, but there has been a movement for other services such as upfront lump sum fees and a flat monthly subscription fee. Often, by offering clients an upfront fee and a monthly subscription, those who are middle income are capable of paying their attorneys each month at a more affordable rate instead of paying
Look at your monthly bills and determine if you can make the investment of hiring the attorney you are speaking to. Ask them what typical bills look like every month.
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