When you schedule your first meeting with your divorce attorney, you may be uncertain of what questions you should ask. It’s a good idea to prepare a list of questions and concerns in advance to ensure you cover the issues that are important to you — and make the most of your initial consultation. The following are some common questions to ask your divorce attorney that can allow you to obtain information tailored to your situation and help you determine if they are a good fit to represent you.

1. What Issues Will Need to Be Decided in My Case?

Every divorce case is unique and there are different issues that will need to be resolved in each case. There are also various ways to resolve the issues, including negotiation, litigation, or by using a form of alternative dispute resolution. You should discuss the specific facts of your case with your attorney to gain an understanding of the issues you and your spouse will need to settle — or litigate if a settlement is not possible.

2. What Rights Do I Have in Divorce?

At the initial consultation with your attorney, it’s essential to gain a better understanding of your rights in divorce. Critically, many people are often unsure of what rights they have when it comes to property division, child custody, spousal support, and child support. Your attorney can evaluate your specific situation, advise you regarding your rights, and inform you of the steps you can take to protect them.

3. How Will Property Be Divided in My Case?

There are many misconceptions concerning how property is divided in divorce. Michigan is an equitable distribution state. This means that a judge would aim to divide marital property fairly between spouses, not necessarily equally. Although this can result in a 50/50 split, a court would consider several statutory factors when deciding how property should be divided. These factors include the duration of the marriage, each party’s contributions to the marriage, the financial needs of each spouse, and the past conduct of the parties.

4. Do I Have Options Other Than Litigation for My Case?

One of the questions to ask your divorce attorney is whether you have options other than litigation. Based on the facts of your case, your attorney can advise you whether they think mediation or the collaborative process would work. These alternative dispute resolution methods can allow you and your spouse to find creative solutions to the issues that need to be resolved — and remain in control of the outcome of your case. These methods can also allow you to divorce amicably and more cost-effectively. However, they may not be viable options in cases involving domestic violence, hidden assets, or a power imbalance.

5. How Will We Communicate About My Case and How Often?

Communication is one of the most important components of the attorney-client relationship. It’s vital to discuss your expectations regarding communication from the outset. Find out what method of communication your attorney prefers and how often you can expect to communicate. While you may not hear from your attorney unless there are updates in your case, it’s crucial that they will respond to any questions or concerns you may have in a timely manner.

6. How Will I Be Billed?

Although your attorney will not be able to tell you the total amount that your case will cost you due to the number of variables involved, they should inform you how billing will work. Ask how much the initial retainer is and what the procedures are once the retainer has been depleted. Your attorney should also tell you what their hourly rate is and how often you can expect to receive an invoice.

7. Who Will Be Working on My Case?

An important, but often overlooked, question to ask your divorce attorney is, “who will be working on my case?” While you might assume that the attorney you consult with will handle your case, many larger firms delegate work to associates or paralegals. Be sure to confirm that the attorney you are meeting with will be handling the significant aspects of your case and appearing in court with you.

Contact an Experienced Michigan Divorce and Family Law Attorney

Divorce can be an emotionally draining and legally complex process. However, the right attorney can help take the burden off your shoulders. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides compassionate counsel to clients in Michigan facing divorce and family law matters and strives to secure the best possible results in every case.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.