Getting divorced! Questions to ask your solicitor?

A marriage’s dissolution is always a massive test of character for the parties involved – challenging their emotional strength. It can be challenging to deal with, and you must be able to run to your divorce solicitor for help and support in sorting out the legal and financial issues.

Choosing your divorce solicitor is one of the most important decisions to make in your divorce case. Therefore, you should try to find a lawyer who is skilled in family law and divorce cases. Look for someone willing to communicate with you throughout the process.

Divorce Solicitor 

Make sure you feel comfortable with the divorce solicitor you propose to instruct. “Does the family lawyer personality compliment your own?” – this is an essential factor that is sometimes overlooked. 

You will discuss your private life’s details and form a close working relationship with your solicitor. Make sure your solicitor has the time to deal with your case for the next six months. Also, ensure he works exclusively in family law. Changing a solicitor that was forced on you can cause extra stress. 

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Going Through The Divorce Process 

You may be emotional, but it is helpful to make a checklist of questions. You will be looking at the divorce lawyer to give you specific advice on your case. However, it can help you to feel more in control of your situation if you have a basic understanding of the process. 

For example, compare it to buying a house – when you know about the stages involved and the exchange of contracts and completion, it becomes easy.  

Every matter should be thrashed out before the marriage dissolution. Before separation, you should discuss personal safety, Wills, change of name, inheritance, and future plans.

Questions You Should Ask Your Solicitor When Separating

Asking your solicitor questions help prepare your mind for what is to come and readies you mentally. The array of questions you should ask include: 

• Do you practice Family Law?

You need to get the right person for the job. If you need surgery, you require a specialist. Equally, some solicitors are generalists, dealing with several aspects of the law, such as litigation, conveyancing, etc. This may not be the type of lawyer you want to handle your case. Ask what the percentage of their work in family law is.

• How will I be charged? 

While cost shouldn’t be the overall deciding factor when choosing a divorce lawyer, you need to get an idea of likely costs in advance so that you can budget accordingly. Solicitors charge differently. Most solicitors charge on an hourly rate. Ensure you understand what the rate is and how you will be charged.

• What other costs are involved?

These are known as disbursements and may include court fees, expert fees, swear fees, and the cost of obtaining copy documents, such as a marriage certificate. 

• Who else will be working on my case? 

Inquire to know if the solicitor will delegate the work and, if so, to whom. It would help if you were sure that whosoever works on your case is adequately experienced. Will the work be charged at a lower rate? How busy is your solicitor? Will the solicitor answer your calls in a timely manner?

Workloads change, and some people are less organised or attentive than others. Raising these questions at the start puts you in a safe position if you encounter problems later. 

• What efforts will you make to try to settle my case? 

Will your divorce solicitor take the initiative or wait for the other party? Indeed, you want your case to be settled as soon as possible. Will your solicitor prepare the matter for trial? It would help if you had a solicitor who is prepared to communicate with your spouse’s solicitor to settle the case on fair terms.  

• Will my divorce case have to go through court? 

The thought of having to go to court in addition to everything you are going through may seem like just too much. If issues can be resolved amicably between the parties, there is no need for you to go to court. But there may be still court proceedings.

• Will I automatically get custody of my children? 

When there are children involved in a divorce, this is a crucial question to ask to put your mind at rest. However, there is no basic rule as the best interests of the children will always be paramount for the court. Hence, discussing child custody has to be one of the first questions to ask.

• How long will my divorce take to go through?

Once your lawyer knows the basic facts of your case, they should be able to give you a rough idea of the expected timeframe, from start to finish, based on their experience.

• Does it make any difference if I get divorced in Scotland or England?

Divorce laws differ. The divorce laws in England and Wales are different from those in Scotland. So, it is advisable to check with your solicitor to know where you are qualified to file for divorce and which set of laws may give you the best opportunity for the outcome you are looking for. 

• Will I get to see all the paperwork associated with my case if I ask for it?

Going through a divorce is a personal thing and trusting someone to act on your behalf is a big decision. There is absolutely no reason for a lawyer to keep any aspect of your case confidential. The paperwork should always be available for you to see. 

• How often do I need to come to your office?

It is not easy to juggle between work and family at the same time. Divorce can take its toll on people. If you would love to work remotely with your lawyer, then this is a question you need to ask at your initial meeting.

• Can I reclaim my divorce costs from my spouse?  

Reclaiming divorce costs may be feasible, depending on several circumstances. If it is something you desire to pursue, you must ask to get a tailored response.

Key Takeaway

These questions will help you go into your divorce case, knowing what to expect in timescales, costs, and legal processes. If you are going to divorce, it is imperative to get the correct information. Are you in need of a solicitor to handle your divorce case? Look no further! Find a divorce solicitor on Qredible.co.uk