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Divorce

If you are facing a divorce, you have many questions about your financial future, and, if you have children, about their future as well. One of the first things people ask me is, "How do I choose a 'good' divorce attorney?" Your friends will have lots of advice and some of it will be good and some bad, based upon their own personal situations. One thing to keep in mind while going through a divorce, is that no two divorces are alike. It is important that you hire an attorney who you have confidence in – one who you feel you can establish a relationship with and look to for advice over the course of the next several months.

When looking for a divorce attorney, I suggest that people ask friends they trust for names or they can contact their county bar association and secure attorneys names from the County Family Law Section.

How do you determine who will be the "best attorney?" I suggest that people ask their attorneys the following questions:

  1. How long have you practiced divorce law?
  2. How many divorces have you handled? (The attorney cannot give you clients names, but they can tell you the issues that were involved.)
  3. What percentage of your practice is devoted to family law?
  4. Have they personally handled the same issues you anticipate will be involved in your case?
  5. Are they familiar with the local judges?
  6. What is their experience with the local judges and what is their relationship with them?
  7. What is their reputation with the attorneys in your county bar association?
  8. What is their hourly rate?
  9. How much is the retainer?
  10. Is the retainer refundable if you decide to reconcile?

Be Prepared! Take in a current Personal Financial Statement, tax return and a short (no more than 1 page!) history of your marriage. Some items to include in your history are significant events such as: physical relocations, post-high school education, employment changes, deaths, births, and other significant events.

It is important that the attorney you choose be one who has experience in domestic cases and devote the majority of their practice to this area.

If possible, take your time in choosing an attorney, although you may not always feel you have such time when facing a crisis of this magnitude. I recommend that people interview two to three attorneys. While it may take time, it is difficult to ascertain the differences between attorneys' styles and philosophies without doing so. Do not make a decision in an attorney's office. Give yourself some time to think about it, talk to those you trust, and then get back with the attorney.

Property.When facing a divorce or contemplating one, it is important that you are knowledgeable about your finances. Secure copies of all of your tax returns (at least five years), along with at least two years of statements from checking accounts, savings accounts, 401K plans, pension plans, stock accounts, etc. Make sure that you have as complete a financial picture as possible. Make copies of these documents so that you have access to them in case they are removed from your home.

It is often helpful to prepare a personal property inventory so that you know all the major items of personal property you have in your home.