Last updated Feb 20, 2025

5 practical questions to ask your divorce lawyer during the consultation

Written by Katelyn Swaney

Having to schedule a consultation with a divorce attorney can leave your mind spinning about how best to utilize your time — and what questions to ask your divorce lawyer. In an initial divorce lawyer consultation, an experienced divorce attorney should leave you feeling like you had most all of your questions answered. Most likely you are wondering which questions to include in your divorce consultation checklist to help you make the best choice for your case.

Having consulted with thousands of clients we have been privileged to learn what information is helpful for moving forward confidently. We have compiled the following practical questions to ask a lawyer during divorce consultations.

1. What does communication with you and your office look like?

Communication is one of the most important factors when selecting an attorney. Asking this question initially can allow you to establish the expectations you have of communication and allows the attorney to communicate theirs. You want to make sure that your attorney is responsive to you on a consistent basis and does not take weeks to get back to you when you have a question. Asking how long it takes to return phone calls or emails establishes communication as something of importance to you.

2. Will the person I had a divorce attorney consultation with work on my divorce case?

If you build rapport with the attorney you initially consult with, you may want to make sure she or he will be the one assigned to your case. If the firm you are working with works in a collaborative manner, like ours does, the attorney you consult with will be your attorney. Additionally, you will have the benefit of the other attorneys’ experience and knowledge of Nebraska divorce laws as cases are discussed and experiences and opinions are shared in our office.

3. How does billing work?

Divorces can often become pricey and it is best to understand exactly how you will be billed prior to putting a retainer down with the attorney of your choice. Asking questions regarding hourly rates, what your attorney charges for and whether payment plans are available can allow you to plan appropriately for your budget.

4. What is your approach to the divorce process?

You will be working closely with your attorney through the divorce process and you’ll want to make sure your divorce goals are in alignment with how your attorney works. Some attorneys have an aggressive approach with a goal of getting to trial while others arrive for settlement with a reconciliatory approach. You want to select an attorney who has an approach that will work best for you, your case goals and your personality. 

5. What expectations should I have of the divorce process?

Keep an open mind about what your divorce will look like. No two divorces are alike, so even though your friend’s divorce may have resulted in x, y, z outcome, your divorce case could result in an a, b, c outcome because that is what will be best for you and your family. It can be hard to keep an open mind, especially at the beginning of your case, but keeping an open mind will allow you to see all plausible and sustainable solutions that will work for you.

What about other questions to ask your divorce lawyer?

You may already have other specific questions about divorce laws or your particular situation, pertaining to financial documentation, settlement agreements, child custody and child support, property division, spousal support and more. Feel free to bring those to the table as well.

 


This article should not be construed as legal advice. Everyone has a unique case and it’s impossible to provide legal advice without knowing the facts unique to your situation.


If you are seeking legal guidance or representation, contact Hightower Reff Law today.

Katelyn Swaney

About the Author

Katelyn Swaney

Katelyn is a meticulous and empathetic attorney who leaves no stone unturned when it comes to representing her clients. With a strong commitment to research and problem-solving, she works tirelessly to find the right answers and ensure her clients feel supported and informed throughout the legal process. Katelyn's thoughtful approach combines kindness and determination, making her a trusted advocate in even the most challenging cases.

Before joining the legal field, Katelyn spent 10 years in educational services, working with individuals impacted by developmental, emotional, and lifestyle challenges. This experience sharpened her ability to connect with people, understand their unique situations, and provide clear, actionable guidance. Katelyn takes pride in being "real" with her clients, breaking down complex legal concepts and making the process feel manageable and approachable.

Katelyn's time with the Child Support Enforcement Office gave her invaluable "insider" knowledge of how the system works. She leverages this experience to strategically navigate the legal process for her clients, ensuring they receive the best possible outcomes. Whether advocating for fair child support arrangements or tackling other family law matters, Katelyn's deep understanding of the system sets her apart.

An Omaha native, Katelyn earned her Bachelor of Science in Criminology from the University of Nebraska at Omaha and her Juris Doctor from Creighton University School of Law. During law school, she was honored with the Nebraska State Bar Association's Rise Award and the Pro Bono Distinction Award for her dedication to serving others.

Outside of the office, Katelyn is an active member of the Nebraska State Bar Association, Omaha Bar Association, and sits on the Legal Services Committee. She is passionate about french fries, all things Star Wars, and recreational sports.

Clients value Katelyn for her thoroughness, transparency, and relentless pursuit of the right solutions. With Katelyn on your side, you'll have a kind and determined advocate who will work tirelessly to help you achieve your goals.

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