Family Law FAQ

What to expect from a skilled Family Law Attorney?

Why should I hire a Family Law Attorney if my friends attorney was a "general practice" attorney?

A Family law Attorney is versed in the area of matrimonial law. Typically a skilled Divorce lawyer knows the local court procedure, judges in the local courts well. This allows for a strategy plan on your case directed towards settlement . While a general practice attorney may be less costly at the onset, most find it more favorable to hire a skilled family law attorney.

If I consult a Family Lawyer, will he give me advice and suggest the best strategy for my case before I decide if I want to hire counsel?

A qualified family attorney can give advice during an initial consultation but the scope of advice will be somewhat limited. Typically, the strategy plan is addressed after you have elected to hire an attorney and you are confident that he is the person you want to represent and protect your interests. Most consultations are basic questions and answer sessions where the prospective client receives the basic information pertaining to divorce rights and what he/she can expect to accomplish in the divorce process. Generally speaking, the first consultation is a meeting for both parties with basic information discussed and limited recommendations.

Why should I hire an "experienced" lawyer?

The skilled Family Law and Divorce attorney is normally the preferred choice amongst divorcing couples whether is a basic short term dissolution or a long term marriage. There are times when both parties to a divorce have nothing to divide, no children, and spousal support is not an issue. In such instances, clients will most likely pay a lower retainer than a couple facing a divorce after a "long term" marriage, with assets to divide. In both cases, a 21 year attorney is usually the preferred over perhaps a "new" attorney with little to no procedural experience. While you may not need a litigator, it is most preferred to hire a lawyer who can get the job done right the first time, so you can move forward in life- as soon as possible.

How does an attorney determine how much my Family Law Retainer will be?

Most often, lawyers, set their fees on the basis of the case and their experience. The skilled attorney will conference with the client initially, to get a feel for the nature of the case and the issues to go before the court. Based on that information and discussions you have with the attorney, he can begin to calculate the anticipated amount of time the case will require. For instance, if the case was a 6 month marriage with no children, or spousal support issues, no debts or assets to divide, the retainer would be significantly lower than a 20 year long term marriage with properties and assets to divide. A skilled Family Law attorney can usually determine the estimated cost at the time of your first consultation.

Can the attorney give me a timetable so that I'll know what to expect or when my case will get to court?

Your attorney can give you a rough idea of when the court will hear your initial motion in a Family Law case. This is normally predicted based on his experience with the court in which your family law case will be filed. If emergency protective orders are necessary you may have a sooner court date. Generally speaking, the trial date will not be available at the onset of the case, simply because each family law case is different, and the courts are extremely busy. It is often preferred that cases settle rather than proceed to a lengthy trial. Each family law case is unique and therefore the timeline will be different for each case.