Divorce Lawyer Tips

When searching for a divorce lawyer, as with any other lawyer, set up a consultation with several lawyers. Many divorce lawyers charge a consultation fee, but if the lawyer gives one a substantial amount of time (up to an hour, based on the amount of the fee), it is worth paying the consultation fee for several lawyers.

During the consultation, the client will be able to qualify the lawyer by asking him or her questions about his or her experience. The attorney should be well-versed in litigation and settlements—or at least have two attorneys on staff that can work together if one prefers litigation and the other prefers to handle settlements.

Some state bars offer board certification for divorce lawyers. If at all possible, choose a board-certified lawyer to handle a divorce, especially if the divorce is going to entail a custody battle, a high amount of assets and liabilities and/or retirement plans.

A divorce lawyer will have a client sign a retainer contract. The retainer contract spells out the retainer fee, and should the divorce process use the entire retainer, terms for refurbishing the retainer. The retainer contract also outlines the attorney's hourly rate, fees and work that the attorney will do. If the case is expected to settle, the attorney may quote a retainer to cover settlement, but will add in a clause defining additional monies due should the case go through to litigation.

Services that are usually covered in a basic retainer contract include drafting standard divorce pleadings. Pleadings depend on whether the attorney is retained by the petitioner or the respondent. Standard pleadings include:

• Civil Cover Sheet
• Summons
• Petition for Dissolution of Marriage
• Answer to Dissolution of Marriage
• Counter Petition to Dissolution of Marriage
• Notice of Filing Certificate of Completion of Parenting Course
• Family Law Financial Affidavit
• Request for Mandatory Disclosure
• Response to Request for Mandatory Disclosure
• Marital Settlement Agreement
• Final Judgment of Dissolution of Marriage

Sometimes, extraneous circumstances require additional motions and responses to motions. If motions are “flying back and forth” between attorneys at the request of clients, a retainer can be quickly eaten up. Extraneous circumstances may include an unexpected custody battle or emergency motion for various actions. Emergency motions may be filed for unexpected actions such as non-payment of temporary support by one parent or pick up of a minor child should one of the parents leave the jurisdiction of the court with a child and without the permission of the other parent or the court.

A good divorce lawyer will have extensive knowledge of the law regarding any of the unexpected situations that may arise during the divorce proceedings. He or she should also have the ability to draft the proper emergency motions and have them reviewed by the court—and if appropriate, granted by the court.