How to Choose the Right Divorce Attorney
Even though it is ultimately the right decision, filing for a divorce is never easy. It’s going to churn up all kinds of emotions, from anger to depression. It is also going to mean literally starting your life over.
Depending on the circumstances, you might be the one moving out of the house, which means you’ll need to set up a new place to live. Your divorce will have you dividing assets and debts.
If kids are in the picture, then it means setting up a co-parenting arrangement. There is a lot to unpack, and that is why you need to choose the right divorce attorney.
You shouldn’t enter your divorce thinking it will be a protracted battle. However, you still want to protect your interests. When you retain the services of the right divorce attorney, you’ll be getting a strong ally who will advocate for what is fair.
Choosing that attorney requires thoughtful consideration. The following post will help you with this important decision that will impact the outcome of your divorce.
Identify Your Specific Divorce Needs and Goals
At its core, a divorce means it is no longer viable to live with and be married to your spouse.
There could be many reasons why you’ve come to this decision. Every state allows for no-fault divorce. That means you don’t have to provide a list of all the things your spouse has done wrong.
You only have to say there are irreconcilable differences and move on to the agreement.
A supportive divorce attorney will help you bring your goals into sharper focus. This will help you prepare for any negotiations with your spouse. Here are some of the specific needs and goals you should identify for your divorce:
Financial Security
There will be a disruption to your finances. The size of the disruption will depend on several factors, such as whether you’re staying in the family home or moving out.
If you’re staying and the home isn’t being sold, determining who will pay the mortgage is at the top of your financial security priority list. You also have to decide if you need alimony and child support to maintain your standard of living.
Child Custody
If you have children, a divorce will mean setting up a co-parenting arrangement that covers everything from where the kids will live to who has legal authority to make decisions.
You might want a joint custody arrangement that splits time between you and your ex.
Legal Process
You also have options to decide whether you want to use mediation, collaboration, or litigation to resolve your issues. Each one of those options has different costs and controls that your divorce attorney needs to thoroughly explain to you so that you can make an informed decision about which is the best approach for your goal.
Evaluate the Attorney’s Communication Style and Approach
It’s a safe bet that your choice of divorce attorney will be a total stranger. That will quickly change as you will share the details of your marriage and how you came to the decision to file for divorce.
You’ll find that you’ll create an intense relationship very quickly, but one built on trust and confidentiality.
It is important that you feel comfortable communicating with your attorney, no matter the issue. A good attorney will be responsive to your calls and emails. Although you might not get an instant answer, you should have a response on the same day, if not within hours of sending your question.
Your attorney will also set boundaries for communications that are as important to them as they are to you. There might be situations that arise during your divorce that require immediate after-hours support.
Is your attorney going to be available for those times?
Overall, your choice of divorce attorney should be someone who exhibits compassion for your concerns. It should be someone who actively listens to you and whom you feel comfortable sharing what is going on as you process the emotions of your divorce.
Understand the Fee Structure and Legal Costs
When choosing your attorney, you need to know what it will cost so you can budget accordingly. A qualified attorney’s value is reflected in their hourly rate. That can range anywhere from $300 to $1,000, depending on the attorney’s location and experience.
If an attorney works on a strict hourly basis, you might feel stressed knowing that every call starts with “the meter running.”
A better approach is with a monthly retainer structure. This allows you to pay a flat monthly fee, which the attorney draws down from based on the work they accomplish that month. This is a structured approach that can be a great stress reducer.
No matter what type of agreement you enter into with your divorce attorney, it should be in writing so that you clearly understand what is expected of you. It also has to be an arrangement you’re comfortable with, so you won’t feel any additional stress.
Prepare for the Initial Consultation
Your initial consultation with a divorce attorney will give you the opportunity to get answers to a lot of questions. It should also outline the potential challenges and what you can expect in terms of the process’s duration. You can be prepared by writing out your questions in advance.
Here’s what you could ask:
- How many divorce cases have you handled?
- Do you have clients who I can speak with about their experiences with your firm?
- What is your best approach to resolving disputes?
- How familiar are you with the family court judges?
- What do you see as the biggest challenge with my divorce?
- What is your fee structure?
- How much is the initial retainer?
- Will I be charged for emails and phone calls?
- What other costs should I expect?
- How long will the divorce take?
- How often will we communicate?
- Will I be working with you directly?
- What are my rights regarding child custody and support in this state?
- What is your strategy for handling potential disagreements with my spouse?
Trust Your Instincts and Professional Compatibility
Even though you might end up sharing a lot with your divorce attorney, they don’t have to become your best friend. What they do need to become is your dedicated advocate who will always put your best interests and the best interests of your children first.
You should feel confident that your attorney is someone you can rely on for honest answers to any questions and in a reasonable amount of time. While it’s true that your attorney will be helping many other clients, you never want to feel as though you’re at the bottom of the list.
After you’ve had your initial conversation, spoken with past satisfied clients, and you understand all the financial expectations, your final decision might come down to trusting your instincts. You’ll know if you’re in safe hands.
The team at Davis & Associates would welcome the opportunity to represent you in your divorce. We pride ourselves on being a supportive and compassionate guide for all our clients. We know how important it is to get these matters solved so that you can start the next chapter of your life.
Call to schedule a consultation, and let’s talk about how we can help.

