If you’re getting a divorce, it’s important to have the right help. Most people consult a number of attorneys to find the best fit for them. To find the right divorce lawyer in San Diego, you’ll likely want to ask some questions before you engage them, but what should you ask?
What Questions Should You Ask a Divorce Lawyer Before Hiring?
The questions below do not represent an exhaustive list of things to ask, but they should help you to assess whether the attorney is a good fit for your needs and whether they are prepared to handle the specific issues in your case.
How Long Have You Been a Divorce Lawyer in San Diego?
This one is somewhat of an icebreaker question, but the answer is still relevant. It’s obvious that you need a lawyer with experience in California law, but local experience is also important. A lawyer who regularly practices in San Diego County will be familiar with local court procedures, the preferences of individual judges, how specific rules are applied in practice, and the timelines you can expect when going through the system.
What Is Your Experience with Cases Similar to Mine?
It’s not an overstatement to say that every divorce case is different. Some involve simple property division and no children, while others deal with contested custody, business valuation, or high-net-worth asset division. When you have explained your own circumstances, ask whether the attorney has handled cases similar to yours. If they have experience in relevant areas, whether that is shared custody disputes, military pensions, or self-employed spouses, it is likely that they will be able to represent you effectively.
What Are the Possible Outcomes in My Case?
While no attorney can predict with certainty how a judge will rule, a seasoned lawyer can give you a realistic range of potential outcomes based on their knowledge of the law and the local courts. For instance, if you ask about spousal support, they should explain the difference between temporary and permanent (post-judgment) support and how courts evaluate income, duration of the marriage, and each party’s needs.
Their answer can both help set expectations about custody, asset division, and support and give you an idea of their communication style and whether they can explain things to you in a way that makes sense.
What Are Your Fees and Billing Practices?
You must have a clear idea of how and what you will be charged. Make sure that you have information on the attorney’s hourly rate, their retainer, whether any other staff will work on your case, and how often you will receive invoices. Also, ask whether the attorney will give you a rough estimate of the cost of your case based on the issues involved.
How Will We Communicate, and How Often?
Effective communication is key in a divorce case. Ask about how the attorney prefers to communicate (email, phone, in person), how quickly they will respond to questions or requests for information, and whether you will typically be speaking directly with them or their staff. If you find out about these things in advance, it should prevent misunderstandings in the future. It also allows you to select a lawyer who will communicate with you in a way that you find helpful.
How Do You Handle Custody and Parenting Time Disputes?
If you have children, custody is often the most sensitive and contentious issue when it comes to divorce. When you ask the lawyer how they handle parenting plans, child custody evaluations, and modifications, they should demonstrate their familiarity with the California Family Code. This document outlines the factors the court will consider in determining the “best interests of the child,” including health, safety, welfare, and the nature of each parent’s relationship with the child.
You can also ask about San Diego County’s Family Court Services, which provides mediation services for custody disputes. Knowing whether the lawyer has experience with local evaluators and mediators can be helpful.
How Do You Approach Property Division?
California is a community property state, which means most assets and debts acquired during the marriage are divided equally. Ask how the attorney determines what is separate vs. community property and whether they work with forensic accountants if there are complex holdings.
San Diego’s house prices are high and only getting higher, which means that the family home is often the most valuable asset in the marriage. Any prospective legal representative should be able to explain how equity, mortgages, and possible buyouts are handled in accordance with the Family Code, which requires equal division unless there is an agreement otherwise.
What Are the Options if My Spouse Is Uncooperative or Hiding Assets?
A non-cooperative spouse can delay the legal process by refusing to respond to a petition or failing to disclose financial information. Both parties are required by law to exchange full financial disclosures, and if one spouse refuses, the attorney can file a Request for Order (RFO) or seek sanctions for conduct that increases litigation costs. A good attorney should be able to show that they are ready to deal with non-disclosure, including using subpoenas, depositions, or court orders to compel compliance.
Do You Recommend Mediation or Litigation in My Case?
It is not actually a requirement to battle it out in court when getting a divorce, and mediation is often faster and less expensive than litigation. In fact, many San Diego judges will refer parties to mediation if they haven’t attempted it already. It is a good idea to find out whether the attorney works with mediators and whether they offer collaborative divorce services. You should also ask under what conditions they would recommend going straight to litigation.
What Is the Process and Timeline for Divorce in San Diego?
Understanding the steps involved in the divorce process can help you to prepare. Ask the attorney to walk you through how the legal process works, how long each part takes, and what sort of time frame they would estimate it will take to be divorced in your case. In San Diego, court backlogs may affect how quickly hearings or trials can be scheduled, so local knowledge matters.
How Do You Handle Cases Involving Domestic Violence?
If domestic violence is a concern for you, be sure to reveal this to a prospective attorney. Ask them if they have experience in this sort of case and what they can do, legally speaking, to help keep you safe while you are going through the divorce process. Lawyers can not only file for restraining orders but can also argue for skipping mediation or arbitration if your spouse may attempt to use this process to do you further harm.
Choosing who to represent you in your divorce is a big deal, and the right lawyer for one person may not be a good fit for someone else. Asking questions during your initial consultation will not only get you answers on the specifics of your case but should also help you get to know the lawyer and decide whether you can trust them with this important task. Give us the chance to represent you; get in touch with the Law Office of Kevin Lemieux in San Diego, CA, to book a consultation.
