The divorce process in Florida can be complex and stressful, so it is important to select a divorce attorney who is well-matched to your needs, goals, and personality. Interviewing a family law or divorce attorney to represent you in your divorce case in Florida can be challenging if this is your first time obtaining a divorce. However, there are questions you should be prepared to ask during your initial interview with your prospective divorce attorney. Most Florida divorce attorneys, such as James S. Cunha, P.A., will provide an initial consultation so that the attorney can evaluate your legal needs and determine whether he or she is someone you would like to retain and work with for several months. Research the attorneys who handle divorce cases near your county. Spend time visiting their websites and reviewing the content that they have posted. Some law firms pay third parties to post content, while Mr. Cunha’s office posts its own content. See if the law firm you are interested in has taken the time to post a timeline of what to expect during the dissolution of marriage proceedings from start to finish. Having realistic expectations is very important in a divorce. Oftentimes, the public relies on television shows regarding attorneys to shape their expectations and opinions. In real life, there is no “Perry Mason” moment, and litigants rarely receive any vindication, especially in a Florida family court. A Florida family court is a court of equity. The Judge is given considerable discretion on various legal issues and will seek to do what he or she believes is equitable and fair, based on the application of the law to the facts of the case.
Surf the web for reviews of the attorneys you are interested in potentially hiring. Read the good and the bad reviews. It is important to distinguish what is merely noise from individuals who needlessly blame their attorneys and everyone else, who have no control over the facts of the case or outcome, versus the other reviews. Unfortunately, in this area of law, there will be people with unrealistic expectations, no matter how many times the attorney has explained how the process actually works. Individuals with unrealistic expectations, who fail to follow their attorney’s advice, often do not like the outcome and become angry that they still have to pay their attorney for the time spent on the case. Google, AVVO, Yelp, Topattorney.com, Yellowpages.com, etc. to name a few platforms.
After doing the research, schedule an appointment with a couple or a few attorneys. Many attorneys will charge an initial consultation fee. Below are a few suggested questions to ask during the initial consultation:
What portion of your practice is dedicated to family law?
There is a substantial advantage to retaining an attorney who devotes a majority of his or her time to practicing family and divorce law. If an attorney has extensive practical experience litigating divorces, paternity cases, and other family law matters, this experience will provide the attorney with insight into litigating your case effectively and coming up with solutions during negotiations.
What should I expect in terms of possible outcomes on key issues in my divorce?
While no divorce attorney can predict or guarantee any particular outcome on issues like alimony, child support, time-sharing arrangements, equitable distribution of property, or responsibility for attorney fee awards, an experienced Florida divorce attorney can provide a range of possibilities on many of these issues. It is important to understand how a court may rule on these issues because this is critical information in evaluating settlement options during negotiations. In high-net-worth divorces, depending on the type and nature of certain assets, the attorney may not have sufficient information during the initial consultation to provide a range of possible outcomes.
Can you handle the specialized issues in my West Palm Beach divorce?
There are many complex issues in family law cases that require a high level of expertise. If you have any of these sophisticated divorce issues involved in your case, you should inquire about your attorney’s expertise with these specialized issues, such as:
- Business valuation and equitable distribution.
- High-net-worth marital estate divorces involving privately held corporations and various trusts.
- Valuation of certain financial derivatives.
- High conflict custody cases.
- Issues related to alimony.
- Impact of present value analysis and tax implications affecting certain marital distributions.
What is your approach to pursuing an amicable resolution, and can I expect this as a realistic approach in my case?
In most situations, an amicable disposition in your divorce case will benefit you and your children because it will reduce the stress and animosity between you and your spouse. Furthermore, an amicable disposition reduces the amount of legal costs and expenses during a divorce. However, many attorneys have a predisposition toward tenacious litigation of even minor issues, while others look at the big picture. It is important to retain a divorce lawyer who is balanced and keeps you well-informed. When discussing this issue with your attorney, you also should carefully listen to the attorney’s reasons for a particular approach in your case. Although amicable negotiations are usually optimal, certain types of issues make this difficult. Whether your marital estate is of modest size or valued in the billions, you want an attorney who is also going to crunch the numbers and avoid wasting time on issues that may not be worth the expense.
How do you handle attorney fee issues in Florida cases?
Most family law attorneys handle divorce cases based on an hourly fee billed against a retainer. The attorney will have a written fee agreement that you should review carefully. The agreement will specify the amount of the retainer, hourly rate, costs, and retainer replenishment. In certain cases, the attorney may offer a flat rate. If you are concerned about your ability to pay your attorney, you should discuss this issue up front.
Our firm has handled a substantial number of divorce cases in Florida. If you have any questions, call our office to schedule an appointment.