Frequently Asked Questions Working with a Lawyer

What is a “Preliminary Inventory”?
Sometimes getting started just means really assessing the health of your marriage: That often requires therapeutic assistance with therapists, religious or spiritual directors.  Other times it means assessing the financial health of the marriage. Your legal professional can direct you to outside resources when appropriate.  One of the primary jobs of a divorce lawyer is to assist you in making financial decisions that are equitable.  “Equitable” is a legal term.  It does not equate to fair or equal.  Learning what is equitable makes discussion about division of assets fruitful.  Not knowing the range of equitable in your jurisdiction can place you in the position of trying to negotiate an unrealistic settlement and can make the loss of the marriage that much more painful. Well intended friends and family members are not in the best position to offer this kind of advice…make sure you find the expert you need for your needs.  

Should I schedule a consultation for a divorce?
IIf you are asking that question, you should. Most divorce lawyers will first evaluate and suggest ways to reconcile when appropriate rather than push someone prematurely into a divorce. If you are not ready, or reconciliation is possible, having the general information you obtain in a consultation can expedite a reconciliation or give you what you need to move forward efficiently towards a divorce.

Can I get a free or reduced-rate consultation?
A lawyer’s stock-in-trade is time, so most family lawyers charge for the initial consultation. Often consultation fees are at a reduced rate from the lawyer’s normal hourly charge.  This is not the time to be penny wise and dollar foolish. This is a long term and expensive relationship.  Making a mistake at this time could mean changing counsel midstream and duplication of expenses.

What can I expect when I come for a consultation?
The consultation is your opportunity, usually brief (45-minutes to an hour), to interview and decide if that lawyer is the one for you.  Until a lawyer is retained, there is no obligation on your part, or that of the lawyer, to do business together. An initial consultation is often the only opportunity a client has to ask questions about their concerns and how the lawyer will be handle them. It is often the time to get answers to the questions that are keeping you up at night, questions about possible outcomes for your specific matter and questions about how that lawyer might handle your situation.

What should I bring to the initial consultation?
The most important thing to bring to the initial consultation is your list of questions that are keeping you up at night, have to do with possible outcomes or other concerns you have. The lawyer will fill in the gaps. Many people go to a law office and, once there, forget why they came and the very things they are worried about. Only after leaving, do they realize they forgot to ask their most burning question.  Because initial consultations are generally brief, it is not possible for the lawyer to review boxes of paperwork. If legal papers have been filed or preliminary agreements have been discussed, bringing these documents to the meeting is very helpful to the lawyer in making sure your questions get answered.

How much will it cost me to get a divorce?
It depends…on you, your spouse, your spouse’s lawyer and the judge. Family law cases and the outcomes by their nature are impossible to predict. Other factors include the level of cooperation between the parties, how committed each of the parties are to preserving their assets, the level of cooperation between the lawyers and the complexity of the issues. Most lawyers set an initial retainer. The client is required to replenish the retainer or often the lawyer will withdraw from the matter.  Some matters which appear to be very simple become complicated and costly when one spouse is not emotionally ready to be divorced. Other very complex matters can be inexpensive when the parties have the same sense of fairness and equity and are ready to be done.

What can I do to facilitate negotiations with my spouse who does not want to separate or divorce?
There are many ways to resolve a dispute and begin negotiations with a reluctant spouse. Often these begin with a therapist or marriage counselor. Other popular methods include mediation and collaborative divorces.  This is a great topic to discuss with the lawyer at your consultation to help decide your legal strategy.

Useful Forms
Preparing for a Divorce Checklist
Fee Tips
Comprehensive Financial Statement
Education Programs
Statement of Client Rights