Questions To Ask Before Filing For A Divorce In Edmonton Alberta

By Author: John
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List of questions to ask a divorce lawyer at your first consultation
1. What are the local divorce laws in Alberta?

All divorces in Canada are governed by the Federal Divorce Act, but the specifics of divorce law in each province and territory can vary. These differences can impact child and spousal support and custody. Your lawyer should be able to help you understand the legal context of your divorce so you can understand your options and the possible outcomes of your case.

2. How long have you practiced family law?

Recent graduates can bring a lot of energy and fresh knowledge to a case, but nothing substitutes for experience. An experienced family lawyer will be familiar with the ins and outs of local law and will likely know the local judges and opposing lawyers. Ask how many similar cases they have taken to trial, and what were the results? Look for trial experience (and success) but also experience with negotiation and settlement. A good family lawyer should advocate for negotiation, but be prepared to go to trial if ...
... necessary.

3. How can I achieve my goals?

Like every marriage, every divorce is different. You should have or should develop, a clear idea of your needs and goals going into your divorce, and be able to express these to your lawyer. Do you want primary custody of your children? To maintain a strong co-parenting relationship? To protect your assets? Or, just to reach an agreement and move on with your life? In turn, your lawyer should be able to explain divorce proceedings and your options in a way that you understand and that empowers you to make decisions in your own best interest.

4. How much will my divorce cost? What is your fee structure?

Legal services cost money, but the support of a good divorce lawyer will save you money, stress and grief in the long run by making sure your divorce goes as smoothly as possible and by helping you reach an optimal separation agreement. Asking about costs upfront will help set clear expectations.

Costs of divorce vary depending on how much time, guidance and legal services you require. Your lawyer will not be able to give you an exact quote, but they should be able to give you an estimate of costs based on similar past cases.

The question to ask to understand a lawyer's fee structure:

1. Is the initial consultation free? If not, how much is it?

2. Will you be billed by the hour, or will you pay a fixed fee?

3. Will you be charged for the time spent answering questions via email or phone calls

4. Do you charge a retainer fee? If so, how does it work?

5.What should I do now to protect myself?

Before you leave your first consultation, make sure you have a clear idea of what to do next. Make sure you know what to do to protect your assets, and what to do with any joint bank accounts or credit cards. Should you be paying temporary child support? How can you position yourself for a favourable custody outcome? What should you avoid discussing in public or posting on social media?

Many divorces follow a period of attempted reconciliation, so it can feel strange to seek legal help to protect your own interests. But, hiring a lawyer is not about escalating conflict, it is an important step towards reaching an optimal separation agreement that will allow both parties to move forward. If you are considering divorce, or have already begun the process of divorce, consult with a family lawyer. They make sure you have good advice and strong representation to help you get the fair divorce you deserve.