You want to make the most of your time when you are on the phone with a lawyer for a consultation. The consultation helps you decide whether the attorney is a good fit for your needs. Come prepared with a list of questions to ask a divorce lawyer to make the meeting efficient. You can do a consultation with The Larson Law Office to get your questions answered. Our lawyers consistently receive recognition for our commitment to ethics, legal skills, and professional achievement. We provide personalized, direct service to all of our clients, and we are happy to answer any questions you may have.

Questions to Ask a Divorce Lawyer About the Process

As you consider what questions to ask a divorce lawyer, divide your list into categories. Understanding the basics of the divorce process can help you get your bearings.

What Are the Steps in Divorce?

Divorce involves filing court documents, responding to filings, and resolving divorce issues. Your lawyer can break down each step. If you encounter a term that you do not understand, feel free to ask them to clarify.

What Documents Do You Need?

You must typically provide detailed documentation of your finances, property, and children. Your lawyer can help identify specific documents to locate.

What Is a Temporary Order?

Most couples stop living together before they finalize their divorce. In the meantime, temporary orders cover the time between initiating the divorce process and getting a final divorce decree. These temporary orders address issues your divorce will resolve once it is finalized. Your lawyer can provide insight into what temporary orders you might want, including temporary protective orders, which can become permanent.

How Long Might My Divorce Take?

Texas law establishes a 60-day waiting period before a divorce can become final. Several other factors can affect how long your divorce takes, including:

The cooperation level between you and your spouse,
The number of terms you disagree on, and
The level of complication involving your shared property.

Your attorney can provide a rough estimate based on your unique circumstances.

How Can We Resolve Our Issues?

You officially become divorced once a court issues a final divorce decree. The road to your divorce decree need not involve much time in the courtroom. Collaborative divorce practices like mediation—which can save time, money, and relationships—have become common. Consider asking what methods are available to avoid costly courtroom litigation.

Questions to Ask a Lawyer About Divorce Law

Your lawyer advises you on legal issues throughout your case. Yet, compiling a list of questions to ask a lawyer about divorce can educate you on what to expect and help you feel more confident and comfortable throughout your case.

How Can I End My Marriage?

Divorce is the most common way to end a marriage, but annulment, declaring your marriage void, and legal separation are also options. Your attorney can help you explore divorce alternatives.

How Does Child Custody Work?

In Texas, child custody falls under the umbrella of conservatorships:

Joint managing conservatorship (JMC)—both parents retain the right to make decisions about significant matters in the child’s life;
Sole managing conservatorship (SMC)—one parent has a relatively exclusive right to make decisions about the child; or
Possessory conservatorship—a parent sees the child only at specific times.

You will also establish a parenting plan. Your lawyer can provide typical arrangements and explain when and why courts depart from them.

How Does Child Support Work?

The law sets the amount of child support payments. Your lawyer can explain the processes for determining and paying child support and the consequences for failing to pay.

How Does Spousal Maintenance Work?

Texas law does not typically favor spousal maintenance (alimony) as there are several time limits and caps, but spouses can offer voluntary support. Your lawyer can help you understand whether you or your spouse might have a maintenance claim and how you can use spousal support in negotiations.

How Does Property Division Work?

Property the spouses acquire during marriage is typically shared. Upon divorce, courts divide community property in a just and right way. Your lawyer can provide insights into what that may look like for you.

What Can You Do for Me?

Consider asking for a preliminary case plan and any potential issues. Although your attorney may not have a detailed response, they can explain what they see in your case and how they would handle it.

Can You Help Me Address Other Issues?

Divorce is often accompanied by other challenges, like the necessity of therapy, changing your estate plan, or arranging for child care. Your attorney may have resources or insights to help.

Questions to Ask a Divorce Attorney About Their Practice

You should know how your lawyer works, too. Let’s look at some questions to ask a divorce attorney about their practice, habits, and expectations.

How and What Do You Charge?

Ask for a specific cost breakdown, including the lawyer’s:

Retainer, and
Hourly rate.

How Will We Divide Responsibility?

Your lawyer manages the legal parts of your case, but they need your help. Ask what they handle and what they expect you to handle.

How Do You Usually Communicate?

Ask whether your lawyer prefers telephone, email, zoom or face-to-face communication and in what contexts they prefer which. Inform them about your communication preferences, too.

What Is Your Case Philosophy?

Some lawyers are more litigious than others—diving right into contentious disputes and sometimes making those disputes worse. Ask your lawyer what their typical case approach is.

Set Up a Consultation

Our lawyers offer straightforward answers to your questions and explain how we can help you through your divorce and to the other side.

Resources:

Texas Family Code § 3.001 (separate property), link.

Texas Family Code §§ 6.102–6.111 (annulment), link.

Texas Family Code §§ 6.201–6.205 (void marriage), link.

Texas Family Code §§ 6.501–6.504 (temporary orders), link.

Texas Family Code § 7.001 (property division), link.

Texas Family Code § 8.051 (spousal maintenance), link.

Key Questions to Ask Your Divorce Lawyer During a Consultation