When you're thinking of filing for divorce, it's important to find out about what lies ahead from a legal perspective. These 21 questions to ask your divorce solicitor will give you the opportunity to discover more.
3. 1. Will my divorce case have to go through the courts?
The thought of having to go to court on top of everything else you’re going
through may seem like just too much. If issues can be resolved amicably
between the parties, there’s usually no need for you to go to court although
there may still be court proceedings.
4. 2. As a mother, will I automatically get custody of my
children? / As a Father will my ex automatically get full
custody of our children?
When there are children involved in a divorce, this is an important question to
ask in order to put your mind at rest. There is not hard and fast rule, the best
interests of the children will always be the paramount consideration for the
court.
5. 3. Do I have to get divorced in the same country we got
married in?
Depending on your circumstances you may be eligible to file for divorce in a
country other than the one you got married in. It’s important to note that
divorce law differs between countries so your decision could affect your
settlement.
6. 4. What are your rates for working on divorce cases?
While cost shouldn’t be the overall deciding factor when choosing a divorce
lawyer, it is important for you to get an idea of likely costs in advance so you
can budget accordingly.
7. 5. How will I be charged for your services?
It’s also important to know how you will be billed by your divorce lawyer. Will
you only have to pay at the end of your case or be invoiced monthly for any
work carried out? Or will you have to pay up front?
8. 6. Roughly how long will my divorce take to go through?
Once your lawyer knows the basic facts of your case, they should be able to
give you a rough idea of timescale from start to finish based on their
experience.
9. 7. Will I have one point of contact for my case throughout the
process?
When you’re going through a divorce and paying for legal help, you don’t want
the hassle of having to go over old ground and explain things to different
people at different stages. Having one point of contact can make things so
much easier.
10. 8. Who will actually be working on my case and what are their
qualifications?
If you choose a your divorce lawyer because you think they’ll do a good job
based on your initial meeting, you’ll probably want to make sure it’s them
you’ll actually be dealing with as your case progresses rather than another
partner or member of the firm.
11. 9. How much experience do you have in dealing with divorce
cases?
Don’t be afraid to ask this question. If you have any doubts or concerns over
how experienced your lawyer might be, then make sure you find out the facts
to help put your mind at ease.
12. 10. Do you take on Legal Aid divorce cases?
Before approaching a law firm, it’s a good idea to check your eligibility for legal
aid. If you think you may be able to get it, then make sure you ask any firm
you approach if they work with legal aid clients as not all lawyers do.
13. 11. Does it make any difference if I get divorced in Scotland or
England?
The divorce laws in England & Wales differ from those in Scotland so it’s
advisable to check with your lawyer where you’re eligible to file for divorce
and which set of laws may give you the best chance of the outcome you’re
looking for.
14. 12. Can you explain to me in simple terms how the process
works step-by-step?
If you’ve never been divorced before, it will be helpful to get an idea of what to
expect from the process so you can be prepared for it.
15. 13. How often can I expect to hear from you with updates on
my case?
Again, this question is definitely worth asking. For example you may not hear
from your lawyer for what seems like long periods during your case, but that
may only mean they don’t have any updates for you. If you’d like to have
communication more frequently, you should be clear about this at the
beginning.
16. 14. Will I be charged for the time spent on the phone to you
about my case?
Before entering into any relationship with a provider, it’s good to be clear on
exactly what you will and won’t be charged for. For example, if you spend an
hour on the phone every week to your divorce solicitor, you should expect to
be charged for their time and expertise.
17. 15. Will I get to see all the paperwork associated with my case
if I ask for it?
Going through a divorce is a very personal thing and trusting someone to act
on your behalf is a big decision. There’s no reason why a lawyer should be
secretive about any aspect of your case and the paperwork should always be
available if you’d like to see it for yourself.
18. 16. Are there any steps I can take to keep my costs down?
Depending on the state of your relationship with your spouse, there may well
be things the two of you can do to keep your legal bills down as much as
possible. A good divorce lawyer will be forthcoming with this information.
19. 17. Will I have to pay more in my divorce settlement if I
caused the breakdown of the marriage through adultery or
other means?
This is a common concern/misconception. Divorce settlements follow a legal
framework and you won’t be awarded less because of infidelity for example.
20. 18. What happens if my financial circumstances change after I
file for divorce?
This is another question worth asking in order to set your mind at rest. For
example, you may get a bonus at work or be made redundant, so it’s good to
know where you’d stand if your financial circumstances financial
circumstances did change significantly.
21. 19. Do I actually need a divorce solicitor or can I do things
myself?
If everything is extremely amicable between you and your (soon to be) ex-
spouse, it may be possible for you to go through the divorce process without a
lawyer, although this can depend on many factors.
22. 20. How often will I need to come to your offices?
Juggling work, a family and a divorce can really takes its toll on people. If you’d
prefer to work remotely with your lawyer, this is a question worth asking at
your initial meeting.
23. 21. Can I recover my divorce costs from my spouse?
This may be possible depending on a number of circumstances. If it’s
something you wish to pursue, it’s worth asking the question for a tailored
response.