Subscribe

Questions You Should Ask Your Divorce Attorney

When seeking a divorce attorney, there are a million questions running through your mind.  It’s wise to make a list of the topics you wish to address so that you can make the most of your time together.  Here are some questions you should be sure make that list:

1.  What is your suggested approach to my case?  A divorce case can be handled in a number of different ways.  After the attorney reviews your case, it is a good idea to ask how the attorney wants to approach the case and make sure that this lines up with your desires going forward.  For example, if the attorney doesn’t believe that an aggressive approach favors your goals, but you prefer an aggressive approach, you want to be sure that the attorney is willing to take an aggressive approach.

2. Do you have experience trying cases?   Settlement of the issues is often the best way to resolve a case.  It allows you to control the case moving forward and determine the details of what will happen in the future.  Absent a settlement, the case goes to trial.  If an attorney doesn’t have trial experience, or doesn’t prefer to go to trial, you want to know that from the start.

3.  What is your fee structure?  Any experienced attorney should be transparent and forthright about how the fees work.  She should be willing to explain what and when you will pay.  This is critical to an understanding of your case because you do not want to get into a lengthy case only to run out of funds and have to stop mid stream.  This is not to say that an attorney can tell you exactly what a case will cost (because we don’t have a crystal ball), but he or she should be able to tell you how the matter is billed, what is included, etc.

4.  What decisions will be yours and which ones will be mine?  This may sound counter intuitive because the lawyer is there to represent you so ultimately, you have the final say.  However, there will be strategic decisions, ones based on law, that will fall to your lawyer.  You should know this up front so you have no misunderstandings about who is to decide what.  In addition, you need to know that most of the decisions WILL be yours to make and that’s important.  Sometimes in divorces it can be scary to make those decisions and clients want to fall back on the attorney.  Again, these are conversations you must have at the start.

5.  How responsive will you be to my needs for communication?  This may seem silly but believe it or not, this is the number one cause of friction between lawyer and client.  Find out right off how your new lawyer plans to communication and how often BEFORE she becomes your lawyer.  If the lawyer is one who does most of the communication by email and you are NOT an email person, that’s important to know because you will need to figure out how you will find a happy medium to communication.  You need to establish some of the boundaries and work through it first so that you do not get frustrated thinking he or she is not working your case because you have not heard from her.

Think you may need to discuss your case with a divorce or family lawyer?   Contact Me for a phone consultation now. 

Parental Alienation: the Aftermath

In a previous article, I wrote about  parental alienation.  It is one of the most vicious things a parent can do to another parent because it can  destroy the relationship between the parent and their child.  That destruction may begin at an early age or later in life...

Relocating with Children After Divorce

Clients often tell me that when their divorce is complete they are "done with marriage".  The hurt has jaded them.  The fight over custody, home, financial assets, and more has left them emotionally void.  Until next time, that is.  People have a wonderful ability to...

2017 Child Support Guidelines – Overview

As most of you know, the new version of the child support guidelines has now been released and were effective beginning September 15, 2017.  Every four years, a task force reviews input and issue regarding the guidelines, making changes to accommodate problematic,...

Can My Childs Dad Go To NH Court for Physical Custody?

Question: I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now. Answer: If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence...

What is the role of a Guardian Ad Litem in Massachusetts?

I recently received a question on our website about how much input a GAL (Guardian Ad Litem) has with a judge during a divorce and custody case.  That's a complex issue so rather than write a quick answer to the question, I decided to write about it here on our blog....

My best divorce advice: Don’t listen to your family & friends!

Sounds silly, right? It’s the best divorce advice that any attorney can give is don't listen to your family & friends. Your family and friends always want what’s best for you. They are there to love and support you. You look to them for help and guidance. When you...

Can You Get a Divorce Reversed?

Sometimes one or more parties to a divorce will be unhappy with the results of the divorce order and may wish to have the result reconsidered.  For whatever reason the question becomes "can you get a divorce reversed?".  This process of having the order reconsidered...

When to seek counseling for your child?

Divorce and separation issues are very hard on children.  Whether parents are starting the divorce, discussing the break up or have already gone their individual ways, children are often assumed to be in the dark about the whole situation.  Nothing could be further...

2021 Update! Still Missing – Maura Murray

March 2021 Update: For those of you following this case, you are probably aware of Tim & Lance's podcast, Missing Maura.  For years, the podcast was its own entity.  Over the years, they began highlighting other cases as well.  To learn about Maura's case, there...

Convicted of OUI May Get New Trial

If you follow our blogs or the local news, you may have read about an issue involving the breathalyzers used in Massachusetts for the detection of alcohol. The Draeger Alcotest 9510 is being challenged by defense attorneys, alleging that the results may be inaccurate...

Communicating on Social Media During Divorce

If you have read the news recently, you probably noticed that social media has come under fire for a couple of things.  First, social media outlets have been accused of creating fake news.  Second,  Facebook has been accused of allowing hackers to integrate its system...

Substance Abuse and Parenting

A parent or other caregiver with an alcohol or drug addiction has a profound impact on their children.  Substance abuse and parenting are more common than most people realize.  Unfortunately, the parent does not always see that his or her behavior is harmful or won’t...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Does Your Child Need Her Own Lawyer?

There are times during the separation of two parents that a child is completely thrown into the middle of the situation.  Neither parent intends to do this to the child.  In fact, often neither parent realizes that the child is in the middle of their war.  The child...

Topics You Should Discuss With Your Divorce Lawyer

Hiring a divorce lawyer is the first important step in a long list of your divorce. Once you retain a lawyer it is vitally important that you communicate openly and honestly with her.  She is there to to advocate for you to get the best solution for your situation. We...

What To Do (and Not Do) If Your Spouse Is Cheating

It’s a difficult prospect to think that your spouse may have strayed from your marriage.  Most people find this shocking and upsetting, not knowing what to do (and what not to do)  if your spouse is cheating.  It's hard to decide at that moment about your marriage,...

Protecting Your Children From Sexual Predators – Part II

In our last post, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage.  In the second article of this three part series, we will discuss protecting your children from...

Parental Rights – Surrender vs. Termination in NH

Being a parent is one of the most wonderful gifts in the world.  As such, Courts are reluctant to come between a parent and a child.  However, there are times when the court will remove a parent's rights.  This is known as a termination of parental rights.  There are...

What is Sole Custody?

Often people come to me and want “sole custody” of their child.  What does this mean?  Is it often awarded?  Why? How can you convince the Court to award it to you?  Sole Legal Custody in MA:   In Massachusetts, the Court will award “legal” custody, which refers...

Children and Divorce: It’s Me or Her!

Moving on after a divorce by pursuing  a new relationship can be difficult for the children of the previous marriage.  While the parents may be ready, even eager, to move on and engage in new relationships, a child can only see how the breakup of the marriage affects...

Making an Appeal in Massachusetts

Update: In recent news, Avery's attorneys have submitted a number of appeals documents.  Several of these have been denied, however it appears one or more of these are still winding their ways up through the Appeals Courts.  Brandan Dassey, however, may have exhausted...

Social Media and Legal Action

The biggest piece of advice that I can give to a client is to refrain from social media when you are involved in litigation.  Be it a criminal case, a divorce, a restraining order – no matter what type of case, the best bet is always to stay silent.  Clients are often...

Getting a Divorce Without Notifying the Spouse

The heading reads: "Man Got Divorced Without Ever Telling His Wife, Police Say".  (https://www.wmur.com/article/man-got-divorced-without-ever-telling-his-wife-police-say/29101534).  That title holds a lot of information.  Just reading the first part of the title,...

Paternity: How can I establish paternity of my child?

If you are wondering how to establish paternity of your child, chances are, you have read up on some of the variety of ways and may have become confused on the right path to take.  There are a number of valid ways you can go about this and there are good reasons on...

Who Gets Our Family Dog in the Divorce?

It's a common scenario.  Boy meets girl and they fall in love.  They buy a home or rent an apartment.  Wanting to share their love, they adopt a dog. Over the next year or so, they get married.  Their dog is their baby.  They share photos of him on social media sites,...

Visitation: Part 1: What happens if a parent never shows up for visitation?

     While you hate to give up time with your child, you know that the visitation with his other parent is good for their relationship, can be a very positive thing and (let’s face it) is a little break for you. Even if you don’t look forward to that time when your...

What qualities do I look for when hiring an attorney?

Choosing an attorney is not a simple process. Do your best to make a good decision at the outset of your case and you will win in the long run with a respected advocate on your side and confidence in every decision that you make along the way. Generally speaking, you...

Massachusetts: Joint Petition or Complaint for Divorce

In Massachusetts, there are two ways by which a party can file for a divorce. The first is commonly known as a “joint petition.” The second is commonly referred to as a “complaint for divorce.” A “joint petition” is filed when the parties agree on how to resolve all...

Domestic Abuse During a Pandemic

The year 2020 is now behind us but in many ways, we are still living through a full scale pandemic.  COVID-19 hit this world  and affected us in a large number of ways we did not expect.  For many, being forced to stay in their homes, brought on anxiety, depression...

Do I Need a Holiday Schedule?

Question: Do I need a holiday schedule in my parenting plan/divorce agreement? I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work...

Physical Custody

Series Part II - Physical custody/Residential responsibility Often people come to me and want “sole custody” of their child.  I wrote last week about sole legal custody (MA) and decision making (NH).  This article will continue that series discussing  physical custody...

Estate Planning After Divorce

Estate Planning After Divorce After a divorce, the last thing that anyone wants to think about is seeing an attorney, legal matters, planning the future, that sort of thing. The sad truth is that this is probably the most important time to get your estate plan revised...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another.  Some have sentimental value:  engagement rings are handed down and are often heirlooms.  An engagement ring may have...

Can I lose my inheritance to child support?

Can I lose my inheritance to child support? The question you are asking can also be stated as:  Can the Court award child support based on the money I received in an inheritance? Child support is based on income. It is not based on gifts or inheritances.  For example,...

Free Consultation: Is it Worth It?

We often read other articles and posts and we came across a series of discussions recently debating whether or not there was a benefit to contacting an attorney for a free consultation.  While not all lawyers offer this service, our office does offer this service.  We...

Do I have to pay child support without a court order?

Do I have to pay child support without a court order?  This is a question that I see often in my practice. The answer is two-fold: there’s the legal advice and the practical advice. Picture this:  you and your partner have separated. You’ve moved out of the home. ...

What is a CWOF? Continuance Without a Finding

People often ask me "What is a CWOF?" in Massachusetts?  It's a funny term but it's really just an acronym.  A CWOF is a “continuance without a finding.” This is a disposition that is meant for a first time offender, one that has not had a criminal matter in a long...

What Does Full Disclosure Mean for My Divorce?

Each litigant involved in a paternity or divorce action is required to complete and submit a form to the Court, and the opposing party, must provide “full disclosure" of your financial information.  In Massachusetts it is known as a financial statement.  In New...

Can I be arrested for a warrant in Massachusetts if I go to the local DMV in Massachusetts?

Q:  Can I be arrested for a misdemeanor warrant in Massachusetts if I go to the local DMV in Massachusetts? If there is a warrant, you can be arrested at any time. They don't specifically have people standing by to take you into custody at the DMV, but certainly, law...

Termination of Parental Rights

Separation and divorce are never easy times for a couple in distress.  Couples may be disagreeing over money, their relationship and everything in between.  I often receive calls asking about the "termination of parental rights".  What I learn after listening to the...

Questions You Should Ask Your Divorce Attorney

When seeking a divorce attorney, there are a million questions running through your mind.  It’s wise to make a list of the topics you wish to address so that you can make the most of your time together.  Here are some questions you should be sure make that list: 1. ...

Child Support and Attribution of Income

I hear this statement a lot (more out of frustration than anything else):  “You can’t get blood from a stone. I will just quit my job and she won’t get any support!”   It sounds like the perfect move in theory.   Too bad that it is not true!  Child support and...

Prenuptial Agreements: Why Would I Want That?

It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it?  How do you plan a happy life while deciding what to do if it all goes south?  The problem is that most...

Parenting Your Special Needs Child

Penny and Zach had a stormy relationship from day one.  They argued over food, traveling and holidays.  After they were married, they could not agree on anything except their child's name.    When Baby Levi was 3 and still behind developmentally, Penny sought out...

Can I sign away my rights to my child?

I am asked the question, "can I sign away my rights to my child" rather often, whether it be asked by the father or the mother of a child. Here’s an example of what I see in my practice: You were in a relationship where a child was conceived and you have been...

Modification: The In’s and Out’s

As life changes, you may find yourself in a situation where your current order (or judgment) no longer applies to your circumstances or seems fair, given your life changes. If you find yourself in this situation, speak with an attorney to determine if you would...

Quality Time With Kids

Children of divorced or separated parents have a bum rap.  There is just no other way to state it.  No matter what parents do, kids dream of having mom and dad together.  Behind the scenes this is not always the best solution for the children so what is the best plan...

NH: Can I Hire an Attorney During COVID-19

For my New Hampshire clients, here’s the update:   Currently, the Courts are closed.   You may not go to the court, but the Family Division is conducting some of the court's business behind closed doors.   Here’s what to expect: In an emergency situation,  you will...

Is Your Child Being Abused?

A common worry for parents often centers around protecting their child from people who prey on children.   Most children spend their days away from their parents in the care of others, in school, kindergarten, daycare and so forth.  So, what if you suddenly notice...

Paying Child Support Without a Court Order

Paying child support without a court order Paying child support without a court order is a question that comes up very often in my practice.  This can apply anytime there is a child between two people, whether the couple is married, or unmarried.  Here is a common...

Pin It on Pinterest

Read previous post:
Can my husbands attorney speak with me about our divorce without my attorney present?

Attorneys are bound by a set of ethical rules that limit the communications that can take place with a person...

Close