Family Law Advisor®
Frequently Asked Questions

Under no circumstances should this be considered legal advice, nor does it substitute for legal consultation. The responses to frequently asked questions are intended to be general statements. The correct answer to any legal question is: "It depends." Often there are exceptions to most law, especially issues concerning family law. Also, judges may interpret the law differently. The law changes over time. Anything written here could have changed between the time it was written and when it is read. Without exception, seriously consider consulting with a lawyer before you make any decision affecting your legal rights.

1. Should I be represented by a lawyer?

   Property settlements can be complex. Real estate law, debt refinancing, insurance, pension or other retirement asset division, child custody and support, taxes, or business ownership division can pose unique problems to any particular case. Your lawyer can help you determine which of your assets are marital property and which are separate property, and your lawyer can advise you as to how the court might divide that property in the event of a trial. Additionally, your lawyer can advise you on how much money, if any, you should pay or receive for alimony or child support. There is no such thing as a "standard" divorce. Ask around. Odds are that you will find that at least one of your friends or co-workers obtained a divorce without a lawyer and lived to regret it.

2. How can I prepare for meeting with a lawyer?

   Ask when you set your first appointment. Next, make a list of questions that concern you most. Much of what you will learn in your initial interview will be things you need to know in addition to what you want to know. It will be helpful for you to gather certain documents in preparation for your first meeting with your attorney. Locate and copy your important documents, including: 1) financial statements, 2) income tax returns, 3) bank statements (business and personal), 4) canceled checks, 5) brokerage or retirement account statements, and 6) other important documents or contracts.

   At the end of your first meeting, your attorney will provide you with a list of other documents to copy and bring for the next meeting, as well as give you forms to fill out regarding assets, debts, income, and expenses.

3. How do I find a qualified divorce lawyer?

   If you know any non-divorce lawyers, ask them for a referral. Also speak to friends and family who have been through a divorce. Some local bar associations make referrals. Do not rely on one person. Feel free to interview several lawyers. Almost all attorneys will agree to meet with you for a "consultation." This means you will pay a fee, generally based on an hourly rate, for meeting with the lawyer. Do not expect to be comfortable with the first lawyer you meet or consult. In fact, be surprised if you do. You will be discussing the most personal aspects of your life with someone you barely know. Rarely do any of us buy the first car we test drive or buy the first sofa we see at a furniture store. Certainly, choosing the lawyer who will help you through your divorce is a much more crucial decision.

4. What factors are most important?

   Your confidence in the lawyer, experience, accessibility, responsiveness, compatibility, style, negotiating skills, reputation, and fees. Also, learn whether the lawyer practices only family law or practices in other areas as well. Family law is as much a specialty as any other. Ask the lawyer whether he or she is a member of the local, state, and American bar associations' family law sections. Family law changes and evolves, often dramatically each year. This demonstrates the lawyer's commitment to continuing education and following the many changes and development of family law.

5. Are these listed in order of importance?

   They are all important. Your personal confidence in the lawyer is definitely the most important. Without confidence in your lawyer, you may face many sleepless nights.

6. How important is experience?

   Very. Inexperienced lawyers cave in to pressure too easily or take unrealistic positions, insisting on fighting losing wars to the death.

7. I have heard horror stories about lawyers not returning calls and not filing pleadings in a timely manner. How can I protect myself?

   Accessibility and responsiveness are crucial. More complaints are lodged with disciplinary boards for not returning phone calls than any other reason. Don't be shy about this important issue. Ask about how phone calls are handled. Better lawyers will have policies for returning phone calls, sometimes even in writing.

8. I know all this is important, but I just don't feel comfortable with the so-called "perfect" lawyer.

   You are the client. This is your problem. You pay the lawyer, not the other way around. Trust your gut. If it doesn't feel right, it may be wrong. Run, don't walk, away from any lawyer who acts like you are lucky to be his or her client. Open the phone book; there are other lawyers from which to choose.

9. Any final words of wisdom?

   Yes. For obvious reasons, avoid lawyers who themselves have gone through messy, protracted divorces. Also, avoid lawyers who guarantee or promise anything. In family law, there is no such thing as a guarantee.

-- Miles Mason, Esq., Crone & Mason, PLC