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. 

The Importance of an Appeal

Aaron Hernandez, famed football player who was convicted of murder and later, committed suicide has, once again, been in the news.  You may recall that before his death, his murder conviction was working its way through the stages of the Appeal's Court.  Aaron...

West Memphis 3 – Reopening of Original Murder Case

UPDATE April 2020: Oxygen Network aired its long awaited show about this case.  It featured Bob Ruff's Truth & Justice working with famed former FBI profiler Jim Clemente and others to re-start an investigation in a manner they believe it should have been done...

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...

Can I have an attorney for mediation?

    Often I have people consult my office that either want to or have agreed to attend mediation (through a court process or otherwise). They tell me that they can “work it all out” or that they “don’t want to argue.” Often people tell me that they...

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...

Should I contact an Attorney about Divorce?

If you’re having trouble in your marriage, you feel overwhelmed.  You feel like it's going to get better, yet it never does.  Your friends and family may be unaware of the true depth of your situation.  Often this is when you may think: "should I contact an attorney...

What Does Child Support Cover? Part I

Paying child support is a double-edged sword.  Parents are court ordered to pay but have little, or no, say-so on how it is spent day to day.  There are some court mandated requirements governing child support and because I receive many inquires about it, this is part...

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...

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,...

Who wants a Life Estate?

I am sure that you’ve all heard the recent news that Hugh Hefner put the Playboy Mansion up for sale.  For a mere $200 mill, you can purchase the mansion and call it your own – with one catch!  Hugh will live out the remainder of his life at the mansion before you can...

Custody: Can My Child Decide?

Very often I am asked “when can my child decide choose where he lives?” or “at what age will the Court listen to my children’s input?” The short answer to this question is that there is no “magic age” to answer "can my child decided" which the court will let the child...

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...

Save Money During Divorce

How to Save Money During Divorce Gather/organize/prepare. During the process, there will be requests for information and documents. When you receive these, take the time to gather everything, organize it and prepare it in accordance with your attorney’s directions.  ...

How to Survive the Holidays During Divorce

The holidays are a time for family.  It's supposed to be a time to look back and reflect on those wonderful memories together.  When you are in the midst of a divorce, or you’ve recently completed the divorce process, it's not always easy to recall those happier...

What does Child Support Cover: Medical Bills

We are continuing the series about Child Support and the things it covers.  This article will focus on expenses incurred that are outside the actual child support payment but perhaps still required by the court as a form of supporting your child.  Our previous article...

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...

What Constitutes Parental Abduction?

It's a sickening thought, wondering if your child may be abducted by your ex-spouse and taken without your consent, outside of the court's order, maybe even across state lines. Parental abduction is a form of kidnapping in many states.  But what are your legal rights...

Should You Ask For a Lawyer?

Asking for an attorney, whether you have committed a crime or not, is not only smart - it's YOUR right.  In spite of news media or the way TV portrays our legal justice system, the right to counsel is one of the most fundamental parts of our justice system.  Every...

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...

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...

Avoiding Legal Issues

In my previous article, “What Type of Attorney Should I Hire,” I wrote about the importance of speaking with an attorney early on in your case to maximize any potential outcome you may have as well as choosing the right attorney for the type of situation, rather than...

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...

New Hampshire: The First Appearance

    You’ve filed for divorce and you’ve received a notice that you must attend something called a First Appearance. So, what is this?     If you are a party to a divorce action, and you have children of the marriage that are...

How do keep my divorce moving forward?

     This is a common question in my field and it’s one of the most difficult to answer, unfortunately. Divorces can take many paths. The outcome of each case is truly dependant on the parties. So, how can you keep your divorce moving forward...

I missed my (criminal) court date! What do I do?

You’re going about your day and suddenly realize that you were supposed to be in court. Last week. You thought it was next week, but it was actually last week. Oh no! What do I do!? First, understand that you are in default and a warrant has likely been issued for...

Massachusetts Contempt: Need to Know

 Massachusetts Contempt: What is it? How do I address it? What are the remedies? I hear people use the word “contempt” all of the time, but there is a lot of confusion about contempt and what to do about contempt. Here’s more information about this issue. What is it? ...

Absent Parents: The Parent Who Used to be Absent

Absent parents is a topic that I see frequently in my practice. Here’s a perfect example: Mom was pregnant but dad wanted nothing to do with her, or the baby, during pregnancy and for a while thereafter. At some point, for whatever reason, the dad becomes interested...

Parenting During COVID-19 FAQ

We understand this is an unusual time in our history.  We are writing FAQ's as we receive questions.  Please keep those questions coming in and we will do our best to respond.  This...

Why Do I Need an Estate Plan?

Recall in our first article on estate planning that we introduced you to some general information question about estate planning.  Let’s start our series out now with a very basic question: Why do I need an estate plan? This is a very reasonable question! I think that...

What are temporary orders in Massachusetts?

What are temporary orders in Massachusetts? ​When a divorce begins, rarely do the parties consider temporary orders in Massachusetts to be a necessity, however they ask the court for many things.  When the divorce begins, the parties rarely sit in a position to agree...

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...

Can my husband force me to sell our marital home?

This question is dependent on many factors. The very general answer is that the home will be awarded to one party or sold to a third party.  To decide what will happen, the Court will look to the wishes of the parties (who wants to stay in the home?), the ability to...

Protecting Your Children From Sexual Predators

Protecting Your Children From Sexual Predators Over the past few years, we have seen horrible stories pertaining to children who were abused by either those they trusted or others, whom they felt they could trust.  In recent months, the singer R. Kelly has once again...

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...

Is Sexting Cheating?

Some say it's harmless; just flirting and having fun.  Others say it's much more than that - it's a form of cheating whether there is physical contact or not.  While the term "sexting" is certainly not new, it has been in the media more in recent weeks, both with the...

New Hampshire Law: Alimony

       Alimony is always hot topic in matters of divorce. Not everyone understands on what basis it is determined and if awarded, how the amount and length of the award is determined.        In New Hampshire, the mystery...

Annulment: Legal vs Religious

Annulment:  Legal versus Religious – an important distinction In the past  I wrote an article about annulment in each state:  Massachusetts and New Hampshire.  As I wrapped up the last article, I realized that I should discuss just one more point about annulment that...

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...

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...

Brangelina: What If They Divorced in Massachusetts?

I can’t imagine you’ve listened to the news or radio over the past week without having heard something about the pending divorce of Brad Pitt and Angelia Jolie.  The two separated recently and Jolie filed for divorce.  It's become a nasty case with all sorts of...

How to Complete a Financial Statement

One of the biggest concerns in family court is the creation of a financial statement (or in New Hampshire, a financial affidavit). I see clients stress day after day about the information to include, the necessary documents and the mandated disclosure. Here are some...

Family Law: How to Choose Your Attorney

Your family is the most important thing in your life.  Whether you are facing a divorce or a custody battle or a child support dispute, you want to have the “right” attorney by your side through this very difficult process.  So, how do you decide?   Here are some...

Parental Alienation: Divorce and Custody Series

Divorce can have a variety of effects for both parents and children. Children often feel misplaced and at fault so it’s the parents’ responsibility to assure the child that the causes of the divorce were not related to the children at all. Unfortunately, some parents...

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...

Can I get an Annulment, please?

What is an Annulment? In Massachusetts, an annulment is a statement by the Court that you were never legally married. Unlike divorce, which acknowledges that you were married and then terminates that marriage, annulment it is as if the marriage never happened. ...

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,...

Divorce Without Consent: Can I divorce without my spouse’s consent?

A very common question is whether you can get divorce without consent.  Of course! The old adage that you need your spouse to “give you a divorce” is no longer. You can proceed with a divorce even if the other party does not want to divorce. You don’t need a spouse’s...

Can a Child Choose Their Parent After Divorce in Massachusetts

Massachusetts : When can my children decide in whose home they want to live? Often I am asked "can a child choose their parent after the divorce"?, so I thought this would be a great topic of discussion.  It is important to remember that each state handles this...

Divorce After 50

Picture This:  You married your high school sweetheart.  You settled down and had a couple of kids early in life whom are now out of school and have families of their own.  Through the early years of your marriage things were great, but as you both matured, and the...

For my Massachusetts Divorce, do I need my marriage certificate?

In Massachusetts, when you file a Complaint for Divorce, you must also file a certified copy of your marriage certificate. You may want to keep your copy or you may not have it. So, how do you get one? This is an easy issue to resolve. Contact the city hall in the...

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