What Questions Should I Ask at a Divorce Consultation?

Here is a set of questions you should ask a divorce lawyer you intend to hire.

What Questions Should I Ask at a Divorce Consultation?
  • Experience-related questions
  • Operations-related questions
  • Case-related questions
  • Fees-related questions

There are two stages of hiring an effective and experienced family law attorney who is just right for your case: (1) Short-listing a few lawyers. (2) Interviewing them. In an earlier post, we have guided you on how to shortlist divorce lawyers. In this post, we will guide you on the questions that you should ask your potential attorney during the initial consultation.

Experience-Related Questions

How many divorce cases does your attorney’s handle at a time?

You are looking for a firm staffed with experienced lead attorneys who do not handle more than 35 cases (per attorney) at a time. According to our experience, any attorney who handles more than 35 cases at a time is overloaded with work. At the same time, you also do not want to work with an attorney who does not have a sufficient workload. An attorney may be relatively-free because people probably do not consider him effective.

You need to weigh both these factors (overloaded vs. relatively free) and also check whether the law firm has been in practice long enough to build a decent reputation.

How many cases are settled by your firm before trial?

If a law firm settles more than 97–98% of its cases before trial, it means that the firm is staffed with excellent negotiators. On the other hand, a law firm that goads its clients to fight it out in the courts, which leads to going to trial at an elevated rate, may either be trying to squeeze extra money from its clients or may not be staffed with skilled negotiators.

How many divorce cases have you resolved to the satisfaction of your clients?

Break this question down into several parts – for example, how many child custody cases have you taken on and how many of these have you resolved? Then ask about cases regarding alimony, property distribution, etc.

One way to determine how satisfied clients are with a law firm’s work is to look at how many public 5-star reviews the law firm has. 5-star reviews aren’t always 100% accurate, but they are a good general indicator of law firm quality.

How many of your firm’s cases were resolved by collaborative divorce?

Collaborative divorce resolution helps spouses reduce the financial and emotional cost of a divorce, and the process calmly resolves matters through negotiation and mediation. The settlement is quick, protects confidentiality, reduces stress, and allows the spouses to move on with their lives without any additional feelings of ill-will. Our firm believes that mediation and collaboration in negotiation are preferable, except when it is not possible, for example in high-conflict cases.

Do you know my spouse?

If the attorney knows your spouse, it can cause a conflict of interest. 

Operations-Related Questions

Who will handle my case?

You are interviewing the attorney because you may hire him. So, ask him whether he/she or one of the team members will be handling your case. If the lawyer plans to assign the case to a team member, make sure that you trust the lawyer you are interviewing, as well as that lawyer’s team, and you are confident that the assigned team member will serve you well.

Who will assist you in my case?

The law firm you plan to hire must be adequately staffed as most cases need the assistance of paralegals and associates.

What work will you do and what will the associate/paralegals do? Who will negotiate my case or argue in the courts?

Of course, you want an experienced attorney to handle the key elements of your case, including negotiation and trial. 

Who will take my calls and inform or clarify doubts – the attorney or the paralegal?

You want to know that your attorney will speak with you directly and systemically. You also want to know that the paralegal helping you knows your case and will answer your questions. During your consultation, ask what the law firm’s system is for systemic communication, how often you will be contacted per week, and who will contact you. If you don’t receive specific answers, then the law firm likely does not have a system for contacting and communicating with clients. That’s not good. Find a law firm in which both the attorneys and the paralegals systemically communicate with every client.

Will I receive copies of all documents when they are filed?

“Yes” is the answer you are looking for.

Case-Related Questions

Will we strategize the case together?

You should lay out the facts and the evidence on the table, provide inputs, and collaborate with your attorney regarding strategy, realizing that your attorney ultimately decides which strategy will benefit you the most.

Will I receive feedback on any developments concerning the strategy adopted?

A responsible family law attorney always keeps his clients up-to-speed with any change in the strategy. Also, the attorney prepares them in advance for any meetings or negotiations.

Have you handled cases with the same circumstances as my case? If so, how did you approach that case, and what was the result?

If the lawyer has handled cases in which the circumstances were identical to the ones in your case and was successful, it could be a bonus. This is the type of lawyer you can consider hiring so long his answers to the other questions are satisfactory.

What negatives do you see in my case?

This is an important question that should be honestly answered by your lawyer. You need to be ready for the worst-case scenario and your attorney should help you understand both the best and the worst outcomes.

What are your personal feelings about alimony, property division, and child custody?

Ideally, you want to work with an attorney who is objective and does not allow his personal feelings to get in the way of his advice or arguments. If his personal views interfere with the case, and if they conflict with your opinion, it could affect the outcome of your case.

Fees-Related Questions

How do you bill clients?

Divorce lawyers usually charge fees based on billable hours (line-item billing) or flat fees. In the billable hours model, the fees are charged based on the time spent on your case. The attorney lists the tasks performed and charges you per task, and you get to know which task is completed and the time it took. Note that many divorce attorneys usually bill in 6- or 12-minute increments. In the flat fees model, the lawyer charges a flat fee, sometimes for the entire case, and sometimes for each stage of the case.

Are the trial fees different from the hourly rate?

Note that some attorneys charge a flat fee for days on which they attend a trial. Clarify these as well.

How much is your retainer?

A retainer is an upfront amount of money you pay to get your case started and to keep it going. Retainers can range from almost nothing (usually, inexperienced and low-skill attorneys require very little for their retainers) to very expensive (large firms that often take corporate cases will charge exorbitant amounts for a family law retainer). The most important factor when deciding whether to pay an attorney’s retainer is whether you trust the attorney, the attorney’s system, and the attorney’s team, and whether you believe the retainer is worth the value of what that attorney will do for you and your family.

What happens if my retainer is depleted?

Once you know the retainer amount, you want to understand how the retainer system works. Some attorneys allow the retainer to deplete completely, before replenishing it. In fact, most attorneys do this. It’s not a good system because once you get below $0 in your retainer and you’re in the negative, you owe your attorney money, and your attorney becomes your banker. When your attorney is your banker, the relationship changes and your attorney is constantly coming after you for money instead of focusing on your case. 

You want to find an attorney who always keeps money in your retainer so you aren’t in the negative. This type of retainer is called an “evergreen retainer,” and that’s the type you want your attorney to have. 

How much will I have to pay towards court filing fees, process server fees, court reporter fees , telephone calls, and out-of-pocket expenses?

Overall, based on your experience in cases that were similar to mine, how much will my case cost?

You want to know how much other cases like yours have cost in the past so you have an idea about how much yours will cost. If the attorney doesn’t know this number, it might be because the attorney is inexperienced. When you receive the number and you feel comfortable with the attorney, the attorney’s system, how well the attorney will serve you and your family, and you’re comfortable with how the attorney will approach your case, it’s time to decide whether you want to hire that attorney.

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About the Author: Keith Bruss
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Worked with Nick and Carren they did an awesome job with a difficult situation. The whole Brown law team was excellent to work with. I would highly recommend them to anyone that needs thier services. Thank you Nick and Carren also the rest of the team. On a side note everyone i delt with was very friendly! Thank you again!
Clay is the best
Clay was fantastic. I really appreciated his professionalism and knowledge. I would absolutely recommend him to anyone needing his services.
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
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Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
Glad Jason was fired. Clay can handle any case like a champ. Thank you brown family law.
Kayelise was the easiest to talk to. She addressed all my questions regarding my divorce and has so much empathy for those she talks to. I can’t thank her enough for her guidance in my divorce and answering all my questions.
I have had the privilege of working alongside Nate Garrabrandt through our BNI group and hearing him share valuable insights every week about the divorce process. Even though I haven’t personally needed the services of Brown Family Law, I can confidently say that Nate is extremely knowledgeable, well-educated, and passionate about helping his clients navigate such a challenging time. His professionalism and expertise stand out, and I would not hesitate to recommend him and his firm to anyone in need of a skilled divorce attorney.
I’ve had the privilege of working with Mr. Schwarz on various projects and would be confident in recommending him for any legal services. As a colleague, he displayed respect, integrity and loyalty to his partners. As a professional, he demonstrated incredible competence, skill and mastery of his field. He cares for his clients and their vision and works tirelessly for them to achieve it. Highly recommend.
I have worked alongside Nicholas Schwarz in a Judge's Chambers, and I can attest to the qualities that make him such a great attorney. Mr. Schwarz is highly intelligent and perceptive, but also exudes a quality of genuine compassion, which you unfortunately don't find in many attorneys.

His experience working directly for a judge gives him an invaluable edge. He has a firsthand inside view of the legal system that is unteachable. This understanding alone is an incredible asset and a huge leg up in any legal matter. He's also just an encyclopedia of information, not only about the law but also about everything else. This is a testament to his naturally inquisitive and intelligent mind and is also quite comical.

But what truly characterizes his work is his love for family, first and foremost. He will represent every case with compassion and fight tirelessly for his clients as if they were his own family. You won't find a better advocate than Nicholas Schwarz if you're looking for an attorney who is intelligent, likable, and truly devoted to not only your case, but for your best interests.
Leipua Brown and Clay Randle have helped me over the past couple of years with straight forward legal advice on my custody case. They are so kind and honest about truthful outcomes and helping me make educated decisions!! It’s unfortunate that situations like mine need endurance over the time span of YEARS to get through, but they for sure help ground me with clear direction. Through disappointment and heartache, I couldn’t be confident and hopeful without them!
Would highly recommend! Carren & Nathanial took incredible care of our case & got us to our end goal :)
Leipua Brown has helped us out tremendously! I was not familiar at all with certain legal issues and she was able to educate and Inform me in ways that could understand clearly. She was very thorough and personable, which made it easier to come to her with more questions after our initial conversation. Leipua is the best!!
Nick Schwarz, a fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.
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I can’t recommend Nick Schwarz enough. He really cares about his clients, goes above and beyond to exceed expectations and he does extra research to offer insights no one else would think of. I’ve worked with him on several projects in the past and he’s always both very impressive and intrinsically creative. Would recommend him to anyone.
Nick Schwarz and I were colleagues and he is extremely thoughtful and cared about clients. He is an excellent attorney and an even better person. He will make an excellent addition to any case.
Dani is the best paralegal I know. Clear communication, professional, and intelligent.
Paul Waldron offers a competent and mindful approach to navigating family law. Thank you Paul for being an asset in our community that we can all depend on.
Truly so grateful for the care and expertise of Brown Family Law. (Specifically Carren and Daniel) I’ve been going through a really difficult time, and having legal support met with such kindness and understanding meant the world to me. They not only provided excellent guidance, but also made me feel seen and supported. I will always refer people here and am so grateful for the compassion I experienced.
I cannot recommend Attorney Nicholas Schwarz highly enough! He is extremely professional, responsive, and truly dedicated to his clients. What sets Nick apart is not only his deep knowledge of the law, but also the genuine care and compassion he shows for his clients. He takes the time to explain everything clearly, answer questions promptly, and make you feel supported throughout the entire process. If you’re looking for someone who will fight for you while keeping your best interests at heart, Nick is your person!
Nick Schwarz is an outstanding attorney who combines sharp legal skills with genuine care for his clients. He is professional, attentive, and deeply committed to helping families through challenging times. I highly recommend him.
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Nick is an exceptional attorney—sharp, reliable, and truly client-focused. He makes complex legal matters easy to understand, responds quickly, and consistently goes the extra mile to deliver results. I highly recommend him to anyone in need of outstanding legal representation.
I've had the pleasure of being consulted by Attorney Nick Schwartz on a few issues I was having and was very impressed by his knack for breaking down difficult ideas into layman terms for me to understand my options better and make the best moves. He's a hard worker, and seems to really love what he's doing. I really enjoyed his positive attitude and candor while we were strategizing.
I highly recommend Nick Schwarz as Counsel. He has helped me with multiple legal issues over the years and has never disappointed. He is thorough and communicative. And, most importantly, he truly cares about his clients.
I had the privilege of working with Nick and his law firm, and I can’t recommend them highly enough. Nicholas Schwarz is professional, knowledgeable, and truly committed to his clients. He took the time to explain every step of the process clearly, kept communication open, and always made me feel like my case was a priority. His attention to detail and dedication gave me a lot of confidence, and the outcome exceeded my expectations. If you’re looking for an attorney who combines expertise with genuine care, Nick and his team are the ones to call.
I’ve worked with Nick on several projects over the years and he always goes above and beyond. He is attentive, detail-oriented, and highly professional. It’s clear that he genuinely cares about his clients. I would recommend him without hesitation. He’s an excellent choice if you need legal guidance.
Attorney Nicholas Schwarz is very personable, passionate, and a great advocate for his clients. Mr. Schwarz has that "grit" to get the job done and is very approachable. His personality and work ethic are truly one of a kind. He is a great lawyer and colleague. I highly a recommend his services if you want competent representation and someone willing to go above and beyond for your case.
I would highly recommend Clay to anyone! He is absolutely amazing and keeps you updated and informed with everything going on with your case!
Paul is a first-class attorney who not only has the skill to stand up for justice and guide your case to a successful resolution, but also demonstrates genuine care for his clients. A truly unique presence in his field.
Clay Randle at Brown Family Law is a master of clarity in the midst of complexity.

I hired Clay to help me navigate a divorce involving contested marital and premarital properties spread across multiple states. The legal terrain was anything but simple. Valuation disputes, and emotionally charged negotiations. Clay handled it all with precision, professionalism, and a calm that made a difficult process feel manageable.

What stood out most was his ability to distill complicated legal issues into clear, actionable steps. He was responsive, strategic, and always one step ahead in anticipating challenges. I never felt lost in the process—Clay made sure I understood my options and the implications of every decision.

If you’re facing a divorce with significant property concerns —Clay is the kind of attorney who brings both legal rigor and human empathy. I’m grateful for his guidance and would recommend him without hesitation.
Dani was very knowledgeable. She answered all my questions in timely manner. Would highly recommend working with her!
Clay really knows how to take care of his clients!
Clay is one of the most knowledgeable attorneys I’ve talked to. He has a great grasp of family law and is an amazing advocate.
I send all my family law clients to Clay. As a lawyer myself, I know how important good representation is. Clay honestly cares about his clients and is a very good strategist. He’s also really funny.
Clay is an amazing, compassionate, and talented lawyer. Highly recommend him and the firm.
David and Dani were very helpful and made my case as stress free as possible.
Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.
I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
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What Makes Us Different

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.