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San Diego Divorce & Family Law Resources

5 Key Questions to Ask During Your Divorce Attorney Consultation

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Divorce is a complex and emotional process that, at times, can seem impossible to navigate. However, your San Diego divorce attorney will be there to support you when things get tough. No two situations are the same so your attorney should not act as such. Since your case is unique to you, it is important to seek out a divorce attorney that will be best suited to cater to your individualized needs. 

Although this process may seem daunting, establishing a foundation for yourself is critical to starting off right. The first step is simply deciding what you will need assistance with. Once your needs and desires are clear, it’s time to start the search for the person to represent you. To help you through this next step, we’ve compiled some key questions to consider during your divorce attorney consultation.

1. What is the divorce attorney’s experience?

This question carries two points of inquiry: wisdom and relevance. One of the baseline metrics when considering an attorney is how many years they have been in practice. For many potential clients, it is comforting to know that their attorney has dealt with a vast amount of cases while in their profession. After all, the general consensus is that with more years comes more insight and experience, with each new case presenting an opportunity for refinement. Clients of experienced attorneys can feel confident that they will be able to build the best case possible, covering points that are often overlooked. In a situation as emotionally-draining as a divorce, knowing your case is in good hands can provide some solace.

 In addition to years in practice, it’s also necessary to consider the relevance of the attorney’s experience. This factor becomes especially important as the complexity of your case increases. Each facet of a divorce proceeding has its own complications that can throw off even the most knowledgeable attorneys. Whether you’re navigating a complicated child custody situation or appraising financial assets, an attorney with specialized experience will be an invaluable resource to you as you continue with proceedings. 

Also, sometimes you may find an attorney who has been practicing for 30+ years, but has only handled a handful of divorce matters of those years.  However, an attorney only practicing 8-10 years may have handle over a 100 cases.  Relevant experience counts! 

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2. What are the financial commitments? 

Retainer fees? Court fees? Hourly rates? All of these are financial responsibilities that you need to expect when you consider hiring a divorce attorney. Unfortunately, divorce proceedings are not only expensive, but can be uncertain, making it difficult to establish a concrete cost of the service. However, familiarizing yourself with estimated fees can help you decide if hiring a particular attorney is financial feasible. Divorce attorneys should be honest and upfront with you about the various avenues the case can take and the costs associated with them. In a situation as unpredictable as divorce proceedings, being prepared for the worst-case scenario is a wise strategy.  However, you also need to be wary of the attorney who says your case will not cost more than a certain dollar amount…hourly fees for your attorney can fluctuate depending on how the case moves forward.  If your matter settles quicker than expected, wonderful!!  On the other hand, a case that seemed destined for a quick settlement could drag on through litigation unexpectedly.

With that being said, it’s critical to create a realistic budget and to stick to it as you go about your search. Do not set yourself up for financial failure by wildly  underestimating the potential fees and costs incurred. This will help you stay within your means and streamline the overall process of finding the right attorney for you. 

3. Who will be handling my case? Will you be able to provide me detailed attention?

San Diego divorce attorneys are often juggling multiple cases at once, meaning it’s quite likely that your case will be worked on by multiple people. While utilizing these resources helps keep the case on track, it can be an uncomfortable thought to have nameless people handling your divorce. When you meet with the attorney, clearly establish who else, if anyone, will have a hand in the proceedings. If there will in fact be other individuals, consider asking the attorney to arrange a channel of communication and introduction to the staff members that will be helping out with your case. 

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4. What is your preferred method of dispute resolution(mediation vs. litigation)?

Some attorneys choose to initially pursue less intensive options to reach a solution. These avenues tend to be much cheaper, quicker, and allow the parties of the case to be in control. In a San Diego divorce mediation, for example, your attorney will act as a neutral party as you and your spouse discuss your needs and try to come to an agreement. 

However, these methods not always work. In high conflict cases, litigation may become necessary. If your divorce does end up going to court, your attorney will be your key support system. These trials can be expensive and long, but an experienced divorce attorney can provide you with  many more resources to help you (e.g. financial counselors, therapists, domestic violence support systems), should you need them. Regardless of the direction your case takes, you should be comfortable with your attorney assisting you through either of these outcomes. 

5. What type of support can I expect from you?

Sometimes, you need more than strictly legal advice from your divorce attorney. Divorce is an emotionally charged process that can leave feeling vulnerable and ashamed. A good attorney will empathize with your feelings and can gently assist you as you try to understand everything. In addition, you should be able to comfortably talk to the attorney you choose. After all, the details you inevitably have to disclose to them are incredibly intimate. Establishing trust with this professional is essential to the process running smoothly. If there is any shred of doubt that this professional may not be right for you, move on with your search. 

We hope that these tips help you to feel more prepared for your divorce consultation. While it is a time-consuming process to find the perfect person to handle your case, being diligent now will pay off in the future. If you’d like more specialized assistance or to schedule your divorce consultation, you can contact us here. We know that divorce proceedings can be incredibly stressful, but know that you don’t have to go through it alone.