Top 5 Questions to Ask Before Hiring a Divorce Lawyer

Divorce rates in Australia are significantly high.  In 2023, around 48,700 divorces were granted, with the divorce rate sitting at 2.3 per 1,000 people aged over 16​. The median length of marriages ending in divorce is about 12.8 years, reflecting the complexity of cases involving assets, children, and shared responsibilities. 

When considering a divorce, one of the most important decisions to make is choosing the right divorce lawyer. The lawyer you select will guide you through the legal process, advocate for your rights, and help you achieve the best possible outcome.

Knowing how to choose the right lawyer can be overwhelming. Asking the right questions is key to making an informed decision. In this blog, we explore the top five questions to ask a divorce lawyer before hiring them. These questions will help you assess their qualifications, approach, and whether they are the right fit for your case.

1. What is Your Approach to Divorce Cases?

Divorce lawyers have different approaches when handling cases. Some lawyers take an aggressive stance, while others prioritise mediation and negotiation to reach a settlement outside of court. It’s crucial to understand your lawyer’s approach and ensure it aligns with your own goals and expectations for the divorce process.

Litigation vs. Mediation

Some divorces are contentious and require litigation, where the lawyer represents you in court. Others can be resolved through mediation, where the lawyer acts as an advisor while both parties negotiate a settlement. Ask your lawyer how they typically handle divorce cases and whether they prefer to settle or go to court.

Questions to Ask:

• > Do you prefer to resolve cases through mediation or litigation?
• > What is your philosophy on negotiation versus taking the case to court?
• > How do you handle high-conflict cases?
• > Will you encourage me to pursue a settlement, or are you prepared to go to trial?

What to Look For:

Choose a lawyer whose approach matches your preferences. If you hope to avoid a lengthy court battle, look for a lawyer who has experience in mediation and collaborative divorce. On the other hand, if your case is likely to go to trial, you’ll want a lawyer who is a skilled litigator.

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2. How Will You Communicate With Me Throughout the Divorce Process?

Effective communication is essential in any lawyer-client relationship, especially during a divorce. Divorce proceedings can be stressful, and you need a lawyer who will keep you informed and answer your questions in a timely manner. Miscommunication or lack of communication can lead to unnecessary delays and additional stress.

Setting Expectations for Communication

When asking questions to a divorce lawyer about communication, it’s essential to clarify how often they will update you on your case, what methods they use to communicate (e.g., phone, email, in-person meetings), and how quickly they respond to messages. Additionally, ask whether you’ll be working directly with the lawyer or if you’ll be dealing with a team of legal assistants.

Questions to Ask:

• > How often will you update me on the progress of my case?
• > What is your preferred method of communication?
• > How quickly do you typically respond to calls or emails?
• > Will I be working directly with you, or will I be working with other members of your team?

What to Look For:

Look for a lawyer who is transparent about their communication process and who values keeping clients informed. You should feel comfortable reaching out to them with questions and confident that they will respond promptly. A good lawyer will also set realistic expectations about the frequency of updates and how they handle communications during busy periods.

3. What is Your Experience in Handling Divorce Cases?

The first and perhaps most important question to ask a divorce lawyer is about their experience in handling divorce cases. Divorce law is a specialised field that requires legal expertise and a deep understanding of the emotional and financial complexities involved. 

When you enquire about their experience, you want to know how long they’ve been practising family law and how many divorce cases they’ve handled.

Why Experience Matters

Experience matters because divorce cases often involve intricate legal issues such as child custody, property division, and spousal support. An experienced lawyer is more likely to have encountered a wide variety of cases and will know how to handle different scenarios. They will also be familiar with the local court system and judges, which can be an advantage when advocating on your behalf.

Questions to Ask:

• > How long have you been practising family law?
• > How many divorce cases have you handled?
• > Have you dealt with cases similar to mine?
• > What is your success rate in divorce cases?

What to Look For:

Look for a lawyer who has experience in divorce law and a proven track record of successful outcomes. If your case involves complex issues, such as high-net-worth assets or international custody disputes, make sure the lawyer has experience in those specific areas.

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4. What Are the Costs Involved, and How Do You Structure Your Fees?

Divorce can be costly, and understanding the financial aspect of hiring a lawyer is critical. Before you hire a divorce lawyer, it’s important to have a clear understanding of how they charge for their services. Divorce lawyers typically charge either an hourly rate or a flat fee, depending on the complexity of the case.

Fee Structure and Additional Costs

Ask the lawyer to explain their fee structure in detail, including how much they charge per hour, what the retainer fee is, and whether there are any additional costs you should be aware of, such as court fees or charges for expert witnesses. It’s also a good idea to ask for an estimate of the total cost of your case, although this can vary depending on how long the divorce takes and whether it goes to trial.

Questions to Ask:

• > What is your hourly rate, and do you require a retainer?
• > Do you charge a flat fee for divorce cases?
• > What additional costs should I expect, such as court fees or expert witness fees?
• > Can you provide an estimate of the total cost of my case?
• > How do you handle billing disputes?

What to Look For:

Look for a lawyer who is upfront about their fees and provides a detailed breakdown of the costs involved. While divorce can be expensive, a transparent lawyer will ensure there are no surprises when it comes to billing. If cost is a major concern, you may want to discuss alternative options, such as unbundled legal services, where the lawyer handles specific parts of the case rather than the entire process.

Divorce is more than just a legal process—it’s a life transition. If you’re in need of divorce lawyers near Randwick or Burwood, we can help. At Matthew Buckley Lawyers, we offer ongoing support and resources to help you move forward. Get in touch today to learn how we can help.

5. What Outcome Can I Expect From My Case?

While no lawyer can guarantee a specific outcome in a divorce case, it’s important to discuss potential outcomes based on the facts of your situation. This will help you set realistic expectations and prepare for the potential results of your case. A good lawyer will evaluate your circumstances, such as child custody, property division, and spousal support, and provide you with an informed assessment of what you might expect.

Realistic Expectations

When asking a divorce lawyer about the potential outcome of your case, make sure they provide realistic expectations rather than overpromising. Divorce cases can be unpredictable, and the lawyer should be honest about both the strengths and weaknesses of your case. Ask about factors that could influence the outcome, such as the behaviour of your spouse or the decisions of the judge.

Questions to Ask:

• > Based on the details of my case, what outcome can I expect?
• > What factors could affect the outcome of my divorce?
• > How will the court determine child custody, property division, and spousal support in my case?
• > What are the best and worst-case scenarios for my case?

What to Look For:

Look for a lawyer who is honest and upfront about the likely outcome of your case. They should provide you with a balanced view of both the possible challenges and opportunities. Avoid lawyers who make unrealistic promises, as this could be a red flag that they are more interested in securing your business than in providing effective legal representation.

Looking for a Divorce Lawyer You Can Trust? 

Hiring the right divorce lawyer is a critical decision that can significantly impact the outcome of your case. By asking the right questions, you can ensure that you find a lawyer who has the experience, approach, communication skills, and fee structure that meets your needs. 

At Mathew Buckley Lawyers, we understand that going through a divorce is a difficult and emotional process. Our team of experienced family law attorneys is here to guide you every step of the way, providing compassionate and expert legal advice tailored to your specific situation. 

If you’re facing a divorce and need legal support, don’t hesitate to reach out to us for a consultation. Contact us today to discuss your case and see how we can assist you during this challenging time.