Questions to Ask a Divorce Lawyer During Initial Consultation

Whether you are filing for a divorce or are involved in another type of family law case, it is wise to schedule a consultation with a family lawyer in Hawaii before proceeding with any big steps. 

If you are not familiar with the legal terminology, you might feel overwhelmed without the help of a professional.

It is also important to go into a consultation prepared, that way you can be sure that the particular firm you are meeting with is the right fit for you.

Ask About Your Legal Rights

When it comes to divorce and really any other type of legal case, you are entitled to many different types of legal rights. It would be in your best interest to know exactly what those rights are and what they entail, that way you will receive the best possible service.

A divorce lawyer is a professional with the experience and appropriate legal advice to get you out of a messy situation. The goal is to obtain some semblance of your former life, including hopefully keeping your home and other prized possessions. 

Of course, every divorce proceeding goes a little differently depending on the demands of each estranged spouse. Therefore, ask a divorce lawyer about your legal rights to make sure you are on the same page. 

Here are a few general examples of questions to ask once you get to know a prospective attorney:

  • What areas of law do you practice?
  • What experience do you have with child custody? Family law? Divorce cases overall?
  • How will you help me resolve my case and how can I trust you as my divorce lawyer?
  • What accreditations do you have as a lawyer?
  • How much is your retainer? What is your hourly rate?
  • How do you prefer to communicate with your clients?

Family Law

Specific Questions to Ask about Divorce Proceedings

Now that you have covered some of the basics and got to know the lawyer better it’s time to get into the details. Finding the right divorce lawyer is important to obtaining child custody with the legal advice you receive during the initial consultation important to find the ideal lawyer for your needs.

A divorce lawyer with experience is a great start when it comes to family law. While you can’t build experience without some practice, it’s best not to put your future in the hands of an amateur. The questions to ask a lawyer can verify that you are getting the best legal representation. Questions to ask include:

  • Do you offer different types of representation? 
  • Do you as a lawyer utilize mediation?
  • How might alimony, child support, and child custody get ordered in my case?
  • How will property get divided in my case?

There are many other questions to ask a lawyer worth considering. You can find more relevant questions about family law and receiving legal advice from a divorce attorney by checking out this essential list of questions.

divorce lawyer

Who Gets the House?

This is a very common question that arises in the early stages of a divorce process. According to the professionals at Cain and Herren, if you own your home and no longer have a mortgage, it is most likely the most valuable thing you possess.

In a marriage, you both have the right to live at home, unless a judge suggests that one of you should move out or one of you actually wants to move out. This is most likely done to avoid any physical confrontations.

Think Of the Children

It is no secret to anyone that when it comes to divorce, the children take it the hardest. Preteens and teenagers will already feel the sting, but even younger children may not fully understand what’s happening to their family.

The professionals at Cain and Herren state that usually the parent who gets to stay in the family house is the parent who keeps the children. This is done to avoid any further upheaval and stress.

This process can also be a big help by adjusting the child to their new family situation in an environment which is familiar. However, if there are any problems or concerns with this arrangement, it would be best to voice them at your consultation.

Disagreements in Court

If you and your spouse are unable to settle the issues you have, you may have to settle in a court of law. Make sure to address these issues during your consultation. That way your lawyer would have the information they need in order to figure out the best plan of action.

The Final Question – Attorney Fees

Another common question to ask a divorce lawyer is an estimate of the total cost of the divorce. Receiving legal advice and representation in court is expensive like other types of legal assistance. However, the best family law firms work with clients, knowing that they already face financial and emotional hardships.

Unfortunately, no lawyer can tell you the exact cost of a divorce unless they operate on a “flat fee” basis. With that in mind, your legal advice should have a rough estimate based on the facts of your case.

You should exercise caution when speaking with a family law firm that charges a flat fee. The type of attorney fees for handling your case usually means there is an obvious advantage to resolving the case quickly, for the lawyer. Consequently, it may result in a rushed settlement without adequate representation on your behalf.

As a result, you should make sure to grill a prospective lawyer that wants to handle your divorce case not only about the experience but expected costs.

Is a Lawyer Really Necessary?

You don’t actually need a lawyer to go to court. Although this means that it’s your responsibility for completing all of the necessary paperwork and meeting all of the deadlines. This can be very confusing and stressful. It is also not something to take lightly, so please make an appointment and then decide whether you can handle it yourself.

If you are in the midst of a divorce and are seeking professional advice, contact a trustworthy lawyer at Cain and Herren. Visit their website at

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