QUESTIONS WHEN HIRING AN ATTORNEY
In traditional litigation divorce, you choose an attorney to be your advocate and your spouse chooses an attorney to be their advocate. In this scenario, right from the start, the nature of the role of an attorney can set you against your spouse, because each attorney is advocating for their client. This typically makes it adversarial from the start!
Unless you have attorneys who understand how to work with an opposing counsel, divorce can be very litigious…and expensive! Most people are not prepared for this; every time a decision must be made, attorneys correspond by sending letters via email to each other and bill for this, making the process time consuming and costly! There is a lot of back and forth, trying to negotiate all the details and really no collaboration on what is best for everyone. And the $BILLS$ keep rising! If you have attorneys that can work together, there typically are less billable hours.
How do you know if an attorney is going to be right for you?
You just need to ask some smart questions such as:
“What percentage of your cases typically go to trial?” It should be low – court is expensive, so you want an attorney who can work out a settlement in mediation most of the time!
“Will you or someone in your office be helping me prepare an accurate Financial Affidavit?” This document is what your support will be based on. It is CRITICAL that it accurately reflects what your needs are and will be post-divorce!
“Will you be reviewing my spouse’s Financial Affidavit for accuracy?” Same deal as yours – your support will be based on his ability to pay, as well as your needs.
If you have been a homemaker - “How soon will I be expected to be back at work and what will the earning expectations be?” Most women who have been out of the workplace may need to go back to work post-divorce. You can negotiate a higher support payment for a short period of time to allow you to get back in the workforce if needed.
“Will my spouse and I have an opportunity to try to negotiate a settlement or make an offer?” If the answer is no, find another attorney.
“Is it ok if I add a Divorce Financial Planner to the team to help me be better prepared for what kind of settlement I should try to get?” They should be fine with you hiring other professionals and be willing to work with them. If they recommend a CPA, ask if the CPA will help understand what your future will look like. If not, advocate for someone like us who does both!
“Will you reach out to the opposing attorney to try to work together and share some information?” This may or may not be advisable in your situation, but if you WANT to be able to work on an amicable solution together, this may be helpful.
Most of divorce is FINANCIAL. Finding an attorney who works well with other attorneys & other divorce professionals and will help you come to a settlement QUICKLY AND AMICABLY will save money in the process and leave BOTH you and your spouse with more post-divorce.
Don’t look for the most expensive, or cheapest, attorney or “the Bulldog” (they will run up your bill fast!). Find someone who matches your values and understands your needs. You may also consider an attorney who is trained in cooperative or Collaborative Divorce.
At The Financial Knot®, we provide the financial tools to support your attorney to make sure our families are supported. We have a database of attorneys we have worked with and can help you choose a provider based on your specific needs. Take the first step by asking for help! Call or reach out to us today at (803)403-1308 or www.thefinancialknot.com.
The Financial Knot® is another business name for Independent Advisor Alliance, LLC. All financial planning advice is offered through Independent Advisor Alliance, LLC, a registered investment advisor.
