Divorce is not only one of the most popular legal processes, but it is also one of the most personal legal processes. You should, however, feel free to ask your attorney any questions you have in order to gain a better knowledge of how your divorce may proceed. Here are some of the most important questions to ask to ensure you understand the procedure and everything it entails. Let’s follow us to find out what to ask a divorce lawyer in this post!
What to ask a divorce lawyer?
What do you require of me?
The majority of the work will be done by your lawyer, but you must be available to answer questions and supply documents to help your lawyer best represent you.
Even if it’s unpleasant or painful, be honest with your counsel. Anything you tell your attorney will be kept confidential due to attorney-client protections.
Unfortunately, failing to be truthful with your lawyer might have serious implications. If you’re ashamed, your lawyer has probably heard worse. Lawyers are wonderful at minimizing unpleasant facts if they are aware of them, but it might be difficult to explain away or mitigate unfavorable facts if the lawyer is unaware of them.
Can my spouse stop me from divorcing him or her?
In a nutshell, no. Your partner cannot prevent you from dissolving your marriage if you have a typical lawful marriage. All that is required is that you and your husband remain separate and apart for the required period of time under the law, without reconciliation.
If you have a covenant marriage, you will almost certainly have to try to save the marriage first. You can discuss with your lawyer the precise reasons for divorce for covenant marriages.
How much experience do you have in divorce, and is it your area of expertise?
Experience is important. The qualifications of a lawyer or legal firm are frequently stated on their website but inquire about their expertise. Are they primarily familiar with family law, divorce law, or another area? Find out how much experience they have after you’ve determined their specialty. How many divorce cases have they handled, and what kinds of cases have they handled? Have they been able to settle them outside of court?
If you have children and custody is in dispute, you should consult with a family law attorney who has handled child custody matters in the past. If you are concerned about spousal support, you should consult with a lawyer who has handled similar cases.
What Kind Of Divorce Is It?
There are various types of divorce cases. Describe your chosen method and ask the lawyer which categories may apply to it. Do you believe your case will be at-fault or no fault? Are you willing to go through mediation or arbitration? Will you consider a collaborative divorce, in which counsel for both parties collaborates to reach an amicable resolution? These are some questions to consider in order to select the best course of action.
Will There Be Anyone Else Working On My Case?
The attorney with whom you speak may not be the only one working on your case. If you decide to hire the lawyer, inquire whether other attorneys or individuals will be involved and what services they would provide. Is the attorney with whom you’re consulting a member of a large law firm? How much of the case will be entrusted to other office personnel, such as paralegals, and how much will be handled by the attorney personally?
What Will Happen During the Negotiation Process?
You might wish to inquire about how the negotiation process will unfold depending on how each spouse perceives it. The lawyer you’re chatting with should have previous experience with similar conversations and can tell you what to expect.
How well do you know the local family court judges?
Find a divorce lawyer with extensive experience dealing in a local family court, preferably a divorce lawyer in Delhi who understands how local judges rule. This could be useful in your situation. For example, if your attorney learns from previous experience that a specific judge is more harsh in custody judgements, this can influence how your case is structured.
Divorce Case Types
There are numerous sorts of divorce proceedings, as well as divorce alternatives such as annulment, trial separation, and legal separation. Divorces can be contentious or uncontentious.
An uncontested divorce occurs when both spouses agree on the grounds for divorce and agree to draft an agreement covering any issues relevant to their specific case, such as property division, child custody and support (if applicable), spousal support (if applicable), debt allocation, ownership of the family residence (if applicable), and so on.
A disputed divorce occurs when the two parties disagree on matters and are unable to resolve such concerns amicably. In such circumstances, each party will engage an attorney, and the contested matters will be decided by a court. Divorces like these can be expensive and time-consuming to resolve due to the attorney’s fees involved.
They can also be stressful since you may be called to testify in court and may be requested to call relatives or friends as witnesses.
