5 Important Questions To Ask Your Divorce Attorney
Your marriage is over and unfortunately the emotions are too high to make mediation a realistic option or for whatever reason, you’ve chosen litigation. If you’ve read any of my blogs, you know that I’m not a big fan of litigation for divorce. I’m also realistic enough to know that sometimes you have no choice. So if you must go down that path, here are some vital things to ask up front when you’re interviewing attorneys.
1. “What percentage of your cases typically go to trial?”
The reality is that only about 5% of divorce cases typically go to trial. Trust me when I tell you, you DO NOT want to be one of them. No one wins at trial. So ask this question to find out just how “litigious” your attorney is. The more they go to trial, the less likely they are to work towards settlements and the more likely you are to pay an inflated bill!
2. “What are your processes for reviewing the accuracy of the financial affidavits?”
This one may surprise you. In my experience, only the highest end, most experience family law offices even question the accuracy of a financial affidavit. They take your word for it. They also take your spouse’s word for it. Even if you have no concerns about dishonesty, I have yet to see a financial affidavit that didn’t have at least one mistake. This is what child support and maintenance will be based on! IT IS CRITICAL that they are completely accurate and free of mistakes.
3. “Is it ok if I add a divorce financial planner to my team?”
Again, if the answer to this is anything but “yes”, BEWARE! Why would an attorney not want you to have all the information you need? Don’t be surprised if your attorney doesn’t know anything about CDFA®(Certified Divorce Financial Analysts®) professionals and their work. Although attorneys are very protective of their billable hours, most are not interested in delving into the intricacies of the financials of your case. And without financial expertise, they won’t really want to do anything other than opt for a 50/50 split on everything which is RARELY the best thing for any couple. A CDFA® can save the two of you thousands of dollars in both taxes and attorney fees.
4. “I want to keep the house but don’t have enough equity to refinance. What are my options?”
In my experience, most attorneys will say you have 2 options, either refinance the home or sell. Now some will say you can keep the house as long as your spouse will allow you to keep their name on the mortgage. I’ve never heard them suggest other options. Here are a few options that a CDFA® can help you explore.
– Continue to own the house jointly for a few years, usually 3-5, at which point you either sell or refinance and split the proceeds.
– Continue to own the house jointly for a few years, usually 3-5, but the spouse not living there would receive other assets in lieu of his/her share of the equity. To protect their credit, a clause can be written in that you must provide proof of mortgage payment each month and if at any point the mortgage is more than 30 days past due, the house must be sold.
– Continue to own the house jointly and rent it out. A CDFA® can help with the terms of such an arrangement.
5. “Will my spouse and I have an opportunity to try to negotiate a settlement?”
I find that most attorneys just shuttle written offers back and forth between you and your spouse’s attorney without offering you a settlement negotiation meeting. As long as you are paying for the document write-ups and responses, they will produce them. Imagine how productive it would be if you both could meet in a room with your attorneys and actually speak to each other on each point. Ask if your attorney is willing to do this.
These top 5 will have you off to a good start to find just the right attorney for you. Good luck and best wishes.