Divorce Lawyer FAQ
The unthinkable has happened--you and your spouse are parting ways. Divorce threatens the things a human being holds most dear, so you'll need quality legal help to protect your interests. How do you find a good divorce lawyer, and what can you expect him to do for you once you've hired him?
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How much should you expect your lawyer to charge?
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Divorce lawyers work on a retainer basis. You'll deposit money with your lawyer up-front and he'll bill his services against this balance. You may be expected to pay your filing fees and expert fees separately. Typically attorneys bill their time in six-minute increments, so even if you're on the phone with him for three minutes, your retainer balance will be billed for six. The more frequently you call him or require his intervention, the more you can expect the cost of your divorce to be.
What tasks can you expect your lawyer to assign to his staff?
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The lawyers paralegal's time is billed to you at a fraction of his own. Questions involving basic points of law can be directed to his staff. Correspondence and research are both adequately handled by his paralegal. You're not being cheated if your attorney delegates these tasks. His expertise should be reserved for court appearances and strategies. This will help keep the cost of your divorce down.
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How do you find a lawyer who fits your needs?
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Just as all doctors do not treat the same part of the body, divorce lawyers vary in their specialties. Don't take a friend's word for it that the attorney he used was "great" because it may be that he was trying to protect business assets while you're more concerned with custody of your kids. Ask for referrals from attorneys in your area who specialize in other areas of law. They'll have the inside scoop on a lawyer's reputation.
What can you expect your divorce lawyer to help you with, and what will he not do?
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You can and should expect compassion from your divorce lawyer, according to Mona R. Raskin, a prominent family law practitioner in Atlantic City, New Jersey. But you should use a therapist to help you deal with the emotional impact of the ordeal. It's your attorney's job to protect your interests, not teach you coping skills. Additionally, services not directly related to the docket number of your divorce matter may be excluded, such as domestic violence charges and real estate transactions other than quit-claim deeds between spouses.
When is your lawyer no longer considered to be "on retainer"?
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Once you're divorced, there will be loose strings to be tied off. These are part of the services you've retained your lawyer to perform. Expect them to be completed within one to three months. If your ex refuses to abide by the terms of your divorce decree and you need to go back to court to enforce it, plan on putting down an additional retainer.
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