Maximizing Your Legal Consultation
Your legal advisor's time is valuable, and it is billed by the hour. Walking into a consultation unprepared is one of the quickest ways to waste money and fail to secure the information you need. This guide outlines the essential strategic questions you must ask your lawyer regarding the process, your goals, and potential pitfalls.
Section 1: Questions About Process and Strategy
These questions establish clarity about the next steps and the overall legal approach.
- Timeline and Cost: What is the realistic timeline for achieving a final settlement or trial, and how can I help keep my legal costs down during this phase?
- Settlement Range: Based on my financial disclosures, what is the most likely range for my final settlement (in terms of assets and/or support), and what is the best-case and worst-case scenario?
- Mediation vs. Litigation: Given the level of conflict, do you recommend starting with mediation or preparing immediately for litigation, and why?
- Communication: What is the best way to communicate with you (email, phone, scheduled meeting), and what is your expected response time for non-urgent matters?
- Documentation: What single, most critical piece of documentation are we currently missing that could stall the case?
Section 2: Questions About Your Financial Protection
These questions ensure you understand how your most valuable assets will be protected and divided.
- Asset Valuation: Which specific assets (e.g., house, business, pension) will require an independent formal valuation, and which experts do you recommend for those appraisals?
- Retirement: How will we ensure the division of my $\text{401(k)}$ and pension is done via a QDRO to avoid unnecessary tax penalties?
- Debt Allocation: We have $X$ amount of joint debt. What steps must we take to ensure I am released from liability on debt that my spouse is ordered to pay (e.g., refinancing)?
- Support: Based on the relevant guidelines, what are the factors that will most strongly determine the amount and duration of spousal support (alimony) or child support?
Section 3: Questions About Child Custody and Co-Parenting
These questions clarify the legal standards and communication expectations regarding the children.
- Best Interests Standard: What are the three most important factors the court in this jurisdiction prioritizes when determining the best interests of the child?
- Parenting Time: What is the standard visitation schedule in this jurisdiction, and how can we justify a deviation if my proposed schedule is different?
- Co-Parenting Communication: What specific changes should I make to my communication with my ex-spouse today to ensure my messages cannot be used against me in court?
- Relocation: If either of us plans to move more than 50 miles away, what are the legal requirements and notices we must follow?
Section 4: Personal Preparation and Next Steps
These questions ensure you know your role in driving the case forward.
- The "To-Do" List: What is the most important "homework" you need me to complete before our next meeting, and what is the deadline?
- Cost Control: Are there any tasks (like organizing bank statements or indexing emails) that I can perform myself to reduce the time—and cost—of the paralegal or your legal team?
- Red Flags: What is the single biggest mistake you see clients make that damages their case, and how can I ensure I avoid it?
- Required Documents: Have I provided you with every item on the mandatory financial disclosure checklist?
"The most successful divorce outcomes are achieved by clients who view themselves as proactive partners with their legal team. Go into every meeting prepared to discuss strategy, not just emotions."
